Intellectual Property

6. Trade Marks

Trade marks are used to distinguish your product or service from other, similar goods or services.

6.1 Unless you register your trade mark, it can be difficult to prevent other businesses from using the same mark or a similar one. A competitor who has registered a similar mark could even stop you using yours.

• Before using a trade mark, you should have a search carried out to see if you are free to use it.
• You can then file an application to protect your interest in the mark.

6.2 There are some registration restrictions.

• In general, a mark cannot use words other traders should reasonably be allowed to use (eg purely descriptive terms).
• A mark must not be deceptive or be easily confused with another registered mark.

6.3 Applications for UK registration are filed at the UK Intellectual Property Office's Trade Marks Registry.

• The initial application contains details of the mark and the goods or services it will be used for, and must be accompanied by the appropriate fee (from £200). Contact the UK Intellectual Property Office Central Enquiry Unit for information and application forms (08459 500505).
• An examiner will search to see whether any conflicting marks have already been registered and send you the results. Once you have received the examiner's report you have two months to decide whether to continue, amend or withdraw the application.
• The application is then published and is held open to third-party objections for three months. After this period, once any objections have been resolved, the mark can be registered.
• Most businesses use trade mark attorneys for their applications. Contact the Institute of Trade Mark Attorneys (020 8686 2052). Typical costs are £700 to £1,000 for the full process, depending on the complexity of the application and how many types of goods or services the mark will cover.

6.4 Registered trade marks can be renewed indefinitely.

• After the first ten years, you have to pay a renewal fee (currently at least £200), for each subsequent ten-year period.
• Trade mark registration can be overturned by competitors if a mark is not used for five consecutive years.