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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, you should initially buy one class. Once we review the work we will let you know whether other classes are appropriate, and give you an option to purchase additional classes from our e-store before we proceed to finalise your application. 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? The price includes a basic search, legal fees and official government fees, as indicated in the e-store when you make your purchase. It covers the cost of filing your application and overseeing it through to registration assuming a predictable process without objections or oppositions. The government fees cover the base application for one class for a UK application while for EU applications they include the fees for up to three classes. VAT is added to all legal fees while the government fees are VAT exempt. We have included currency conversion, bank charges, and other administrative charges within the EU application fees so that the price we charge is certain. Not included is the cost of dealing with any Registry correspondence or hearings that may be necessary or dealing with any opposition or other procedure before the Registry or any other legal work required. 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 6 months to process, and CTMs (European) applications are taking 12-18 months. 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 (which is the standard search included as part of our trademark) to common law searches (which may be bought additionally). The basic search checks 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 or other sources. 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 do, the fewer the risks, and the fewer surprises you will have during the trademark registration process. However, the cost of trademark searches can be expensive. The range of searches we provide are detailed on our search pages. Although it depends on how distinctive a name you have chosen, the type of name itself, your budget, and your business circumstances as to what search is right for you, as a general rule of thumb we recommend a clearance search of the trademark registers before filing a trademark application. 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 logo 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 trademark registration? You can register a design or validate your copyright in your logo. 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 that you seek protection in. 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. What are the advantages of a design registration? The advantages are that you will not be liable to prove that copying has occurred as your design is registered on an official site. It is also more likely to act as a deterrent against infringement. Lastly, it is an investment which can be sold on or licensed to others. 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 in Court it is not a conclusive way of demonstrating that the item was created by you nor that you are in fact the author. So how can I protect the copyright in my logo? In the UK we do not, like the US have, a system of copyright registration. We are able, however, to obtain a statutory declaration to validate a copyrighted work. This statutory declaration confirms, as a deed would, that you are the creator of the work that you wish to protect and that you created the work on a specific date. This procedure should be sufficient for it to stand up in Court and is a service that we can assist with. My logo was created by a designer, do they own the copyright or do I? By default, copyright resides with the creator of the logo not the person who is making use of it. So your designer would, in principle, own the copyright in your logo and not you. However, if he was employed by you at the time when he created the logo then it is likely that you will own the copyright in the design. As is often the case, it may be that you paid a designer (as you would a contractor) to create your logo in which case he/she would own the copyright. How do I transfer the copyright to me, away from the designer? Check your contract with the designer, maybe there is a clause or that you stipulated terms that all intellectual property rights should be transferred to you. If not, then you will need to assign the copyright of the logo to you. This is a service that we can help with . 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. |
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