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Trademark in UK

If someone uses your brand without your permission, you have the legal right to sue them, and if required, you may sell or lease your brand to other parties thanks to a registered trademark.
Yet, it’s probable that you won’t be aware of what may be registered as a trademark in the UK as a new or just expanding firm focused on moving your business ahead.
It’s crucial to keep in mind that your brand will only be protected in the UK if you register a Trademark for it there.

Overview

Trademark registration is open to a wide range of items; names and logos are the most popular. Everything that enables customers to tell your products or services from from those of another is considered a trademark.

When you think of BP, a specific shade of green comes to mind; when you think of Intel, a certain jingle plays; and when you think of Toblerone, you think of its chocolate peaks. Absolutely, you may register sounds, colours, and forms as trademarks as well.

These more uncommon Trademarks are less prevalent because they are more difficult to register.All of the following can be registered:
  • Word
  • Logo
  • Shape
  • Position
  • Pattern
  • Colour (single)
  • Colour (combination)
  • Sound
  • Motion
  • Multimedia
  • Hologram

A Trademark has to be distinctive in order to prevent confusion with a mark that has already been registered. You cannot describe your new trainer brand as "sports shoes" since it is not allowed. The name Pluma would also be inappropriate since it may be mistaken for Puma.

You essentially have no legal rights to prevent someone from utilising your name or logo unless you register your business name or control the domain name.

You run the risk of later learning about a company with a similar name or even getting a letter ordering you to stop using your mark because it infringes on the rights of someone who has already registered a Trademark if you begin using a logo or name without first registering it as a Trademark and without first making sure it is free to use.

You run the additional risk of someone else trying to prevent you from using your own brand name by registering it as a Trademark. While there may be room for you to fight back on the basis of any goodwill you have built up through "unregistered rights," doing so can be expensive and time-consuming.

The more well-known and established you become, the more probable it is that others will begin to imitate you. You may stop this by acting if you have registered trademark protection.

Most nations have their own distinct systems for protecting trademarks, and in order to do so, you often need to submit an application in each nation separately.

As the EU has a regional structure that applies to all of its members, you may get comprehensive protection with only one application. Each choice has advantages and disadvantages; therefore it is essential to talk to a Certified Trademark Attorney about which is best for you and your company.

There is also an international system that enables you to apply once and have it accepted in many other nations. But each nation will need to process and review the application separately.

The government agency in charge of registrations of trademarks in the UK is called the Intellectual Property Office (UK IPO).

After your trademark has been registered, you should use a R in a circle to indicate that it is protected. You may indicate that you are claiming it as a trademark before registration by adding the TM superscript.

Process :-

  • The first step is to carefully choose your mark and confirm that it is a registered trademark. After submitting your application, you cannot edit the information, and the payments are not refundable. Learn how to choose a powerful trademark.
  • Step 2: Do a trademark search to confirm that your mark is available for use and registration. If your proposed mark is already in use, a clearance check will assist you in avoiding violating prior rights. Discover how to do a trademark search.
  • Step 3: Specify in your application the trademark class or classes your products or services should be registered under. As you cannot add more items later, be careful to include all the products and services you want your trademark to cover. Use the IPO's trademark search engine to find and categorise items and/or services, and learn how to identify trademarks.
  • Step 4: Consider the jurisdiction where you want to register your trademark. You will only have protection rights in the UK if you register in the UK. Consider registering a trademark outside of the UK if you want to export.
When you submit your application, the IPO will normally review it before publishing it in the online Trademarks journal and registering your mark with the Trademark database.

Charges :-

For registering a trademark in the UK in one class of goods and services exclusively, it costs from £170 to do so online and £200 to do so by mail.

The cost of filing increases with the number of courses covered since each additional class costs £50. A fee sheet must be included with your application and payment. Seek out trademark forms and costs.

FAQ :-

1. How long does a Trademark last in the UK?
A UK Trademark registration lasts for ten years, after which you can renew it, provided that you pay your renewal fees on time.

2. Is the UK first to use trademark?
The United Kingdom grants trademark rights to the first business or individual to file a trademark application. While you may have some rights to your mark simply by using it in the UK, those common law rights are very limited and may be challenging to prove in court.

3. Is a trademark search necessary?
Although a trademark search is not compulsory, it is strongly recommended if you are thinking about adopting a new Trademark. The purpose of the search is to ascertain whether or not your proposed mark is available for use and registration and in particular whether any potentially conflicting Trademark is already registered. A Trademark search will minimize the risk of infringing another party’s earlier rights and so could save you a lot of money.

4. Once a Trademark has been registered, can I alter the mark or add other goods or services if my business expands?
No. Once a trademark application has been filed it is not normally possible to change the Trademark in any way. Nor is not possible to extend the application to more goods or services. A further application will be necessary to cover such extra goods or services. When you apply you should advise us of the likely future scope of your business so that we can make sure your application adequately covers such extra goods or services.

5. Can I sell my registered trademark?
Yes. A trademark is similar to other property you may own. It may become very valuable and you can sell it (known as an assignment) if you wish. We can advise you on the legal requirements.

6. What is the difference between the TM and ® symbols? When can I use them?
There is no requirement for you to identify your Trademark as registered. The TM symbol merely indicates that you view the particular sign as your Trademark. It can be used on either an unregistered or a registered mark.
You can use the ® symbol or the abbreviation "RTM" (for Registered Trademark) to show that your trademark is registered. You should be aware that it is an offence to indicate that a trademark is registered when it is not.

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