TRADE MARKS
GENERAL INFORMATIONWhat is a Trade Marks?
A Trade Mark is a sign which can distinguish your products or services from other traders. The sign may include words, logo, and pictures.
Points to consider before making your application
These are the main points you should bear in mind before we send your application to be processed:
- Is your trade Mark a distinctive word, logo, picture or other sign that will clearly identify your products or services from those of other traders.
- Has someone else already registered or applied to register a trade mark which may be confusingly similar to yours?
Your application details, including you name and address will appear on the Intellectual Property Office records. They will also include them in the Trade journal if your application is accepted.
Application fees are not refundable.
You cannot make changes to your trade mark or add goods or services after you have sent your application. Application fee are not refundable.
HOW LONG DOES THIS PROCESS TAKE?
If there are no objections, it will normally take six months to become registered.
THINGS TO TAKE INTO ACCOUNTS BEFORE MAKING AN APPLICATION
DOES YOUR PROPOSED TRADE MARK ALREADY EXIST?
Your Trade Mark application will be rejected if someone else has already registered or applied to register a mark which may be confusingly similar to yours. For example, does it:
- Look the same as (or similar to) yours for the same (or similar) goods or services
- Sound the same as (or similar as) yours for the same (or similar) goods or services?
Normally, before you apply to register your trade mark you should make a search if your proposed trade exist already.
EXAMINING YOUR APPLICATION
If you decide to apply to register a trade mark, an examiner will check your application. They will then send you an examination report (normally within two months). This report will tell you if your application mark is acceptable.
What Happen If the Examiner Objects To Your Application?
If the examiner objects to your Mark, you will be given a period, depending on what the objections are, to:
- Try to persuade them that the objections are not justified
- Overcome them in some other way
Your mark will be advertised in the Trade Marks Journal which is published on their website every Friday. Following this there is a period of three months which allows anyone else to oppose the registration of your mark. They may do this even though your trade mark has been assessed as acceptable.
What If I Cannot Overcome The Objections?
You can either withdraw your application or they will write to you telling you that it has been refused.
What If Someone Opposes My Application
They will let you know if someone opposes your application. In a letter sent to you they will tell you why the person or organisation opposing (called opponent) thinks that your trade mark should not be registered. You will then decide whether you want to challenge the opposition or withdraw your application. If the opposition is based on rights in an earlier mark, those rights could be for one or more of the following reasons:
- There has been already been an application or registration for the trade mark in the UK
- There has already been an international registration
- There has been an earlier European trade marks application or registered
- There are unregistered trade marks which the opponent may say are theirs on the basis of common law
