Registering a Trademark in the UK

It is critical to protect your intellectual property. Getting a trademark grants you several key advantages in the market. First, a trademark tells the world that you possess this product. Your business’ identity or logo is a critical part of your corporate identity – it appears on everything from your office door, to all your stationary and marketing materials. Despite this, alarmingly few businesses are making the essential measure of recording theirs with the Intellectual Property Office. Registering for an earmark is a fairly complicated procedure, but here are some tips when registering a trademark.

You may ask, “Am I eligible to register a trademark?” Any natural or legitimate individual who is able of owning personal property may apply for registration. Two or more people who are capable of owning personal property may register a joint application. The first applier is titled to registration of a mark.

What is required for enrollment? The trademark must be distinctive for the commodities or services for which registration is sought and must be capable of being represented graphically. It can admit phrases, personal names, figures, letters, logotypes, images, colours, forms, audios or smells. It can also contain a combination of any of the above.

The trademark must be original and cannot copy any other on file. It also cannot be illegal according to law. To register a trademark in the UK you have to apply to the Intellectual Property Office. You can complete form TM3 online or submit a paper form TM3 and send it with the appropriate fee and fee sheet to the Intellectual Property Office Trade Marks Registry. Discounts are available to those who apply online and pay the appropriate fee at the time of filing their application. It is possible to register a trademark that is the same as, or similar to, an existing trademark unless the owner of the earlier trade marks successfully opposes the new application.

Here are 3 main tips when registering a trademark:

1. Do a search to make sure your trademark is original.

2. Make sure your trademark is correct.

3. Be absolutely positive that all goods and services are listed.

These three tips when registering a trademark are very important, for when the application is filed, it cannot be changed.

A trademark stays in effect for 10 years in the United Kingdom, and there is a one-time fee of £498+vat. Registration can take between 6 to 18 months to be approved.

More tips when registering a trademark:

1. It can be done online through the Trademark Electronic Application System (TEAS).

2. Online help is available.

3. Validation is offered to help ward off mistakes.

4. You will receive an immediate reply via email; upon registration will a serial number

affixed to your application.