Frequently Asked Questions |
A trademark is a word or symbol which you use consistently so that consumers can identify your goods and services and tell them apart from those of your competitor. A mark is one of the most important aspects of your brand. Without trademarks, it would be impossible to find the products and services we like and to avoid those we don't. A logo trademark is an identifier of a certain type. Either it is a name written in a distinctive font, such as the Coca Cola typescript, or it's a symbol such as the Nike swoosh, or it is a combined mark featuring both a word, and a logo, such as the well known MGM (Metro Goldwyn Mayer) lion that roars just before certain films begin. What do the ® and TMsymbols mean? You may use the registered trademark sign ® once you have a registered trademark. Before then you can let others know that you are using a word or symbol in a trademark sense, by using the TM symbol. This does not necessarily mean your claim is a valid one. For example, someone else may have better rights over the name you are using as your trademark. If I register for only one class, how can I extend the application to other classes? There are 45 classes in all. To register more than one class you need to file a fresh application. It is more cost effective to register for classes in which you will be providing goods and services in the foreseeable future at the time you initially register your trademark. If I register my logo for one class of goods or services will someone else be able to register a similar logo for a different kind of product or service? Yes, as a general rule they are able to do so. This is why it is important to file in as many classes as are necessary to cover all the different products or services you currently provide or which you intend to provide. How do I know how many classes I need when I buy my trademark? Unless you happen to know you need more than one class, buy one class initially, or complete our classification search to get an indicative idea. It is very easy to buy more classes later. Once I have registered my logo, how can I add on other goods or services if my business expands? We will be able to file a fresh application for you to cover such extra goods or services. What happens if I change my logo after I have registered it? A fresh application will be needed for your new logo. That is why it is best to wait until you are happy with your logo before registering it as a trademark. What is included in the price? Our Solo, Standard and Gold packages include time for the work involved: assessing which classification apply to your mark, conducting a trade mark search, reporting the results, drafting the application form, filing it once approved, receiving the examination report, and overseeing the application through advertisement to registration, and then sending you the certificate, and free aftercare information. They include all dues, bank charges and sundries, and will not vary with exchange rates. What happens if anyone objects to my mark? If either the trademark registry itself or anyone else raises objections to your application, it is necessary to resolve the challenge by arguing your case. Where a challenge is significant and is not resolved swiftly, then we will discuss your options with you. What is important to understand is that you may withdraw an application at any time. Additional budgets would therefore need to be set. Can you help me if I want trademark protection in the US? Yes, we file applications either directly in the USA using local agents, or through the Madrid system. How long is my application likely to take? Applications for UK trademarks are currently taking about 5 months to process, and while CTM (European) applications have been known to take 12-18 months, they were taking 5-6 months at the time of writing. The time taken depends on the Registry's workload. What is the difference between a UK trademark and a CTM? Trademarks are territorial. This means they provide protection in the countries in which you register them. A UK mark will protect you in the UK but not in France. On the other hand a CTM (European trade mark) covers the whole of the European Union, including the UK. Will I receive a refund if my application fails? Once a trademark is filed, it is final and very limited amendments to it are possible. If the trademark application is unsuccessful no refunds are given by the government. What searches do you perform before filing my trademark application? We offer a range of searching options, from a basic word search to international searches covering a large number of countries. The basic search is an identical search of the UK and CTM trademark registers to see whether there are existing trademarks which conflict with yours. It does not include a search of Google. Why do I need a trademark search? We advise you have at least a basic search before using a new business or product name, or extending your existing business into new business areas. Trademark searching is essentially a risk management exercise. The more extensive the searches you have, the fewer the risks, and the fewer surprises you will have during the trademark registration process. The range of searches we provide are detailed on our search pages. Does the search guarantee that my mark will be registered? The trademark process involves a number of steps, which are outside our control, such as the examiner's report and third parties who may oppose the application. Therefore it is not possible to guarantee that a mark will be registered. However the search should indicate whether there may be problems. We will be able to advise and guide you in making an informed decision, including whether further searches may be desirable, so as to help you manage any risks. How long does my trademark last? Trademarks may continue indefinitely, on the payment of renewal fees every 10 years. However, you must ensure that you do not allow the mark to remain unused for a continuous period of 5 years during the life of the mark. Are there other ways of protecting my logo apart from t12rademark registration? You can register it as a design, which gives more effective protection than copyright. Design registration protects your logo by being put on an official register. This can be done in the UK or in the EU. The protection covers the region in which you seek registration. How long does a design registration last for? A design registration has to be renewed every 5 years and is capable of protection for a maximum of 25 years. Copyright protection is an automatic right. The right is said to arise 'while the ink is still wet on the paper'. However, if you create a logo then you still have to prove that you are the author of the logo, that the logo is original (not copied from someone else) and that the logo was made on a certain date. So essentially the right arises automatically but must be proved in order to be relied upon. Will my logo be protected if I post it to myself? It was thought that if you post your logo to yourself and keep the envelope sealed that this would be sufficient to prove copyright in your logo. However, the mail may be tampered with and it is not conclusive evidence acceptable to a court. So how can I protect the copyright in my logo? In the UK we do not have, a system of copyright registration. We are able, however, to register a US copyright which is a desirable form of protection to have if you are online. Should I put a © next to my logo? In some countries it is important to add this sign to show that you have copyright in the logo. Although it is not necessary to add this sign to your logo in the UK, it can help if someone starts using your logo without your permission. |
Trademark Registration, The Mark of Brand Value |
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