Register a Trademark

Register a trademark to secure ownership of your name, logo or other brand sign. It’s likely that your business, like many others, will be web based and international in scope, so you may be looking to register a UK trademark or EU trademark or further afield, in the US, India, China or anywhere worldwide.  We have the expertise and track record to assist you.

Where to register trademarks

The first question is where to register your home base trademark.  Registering in the UK may be a good starting point depending on your business.  For many businesses it may be better to start by registering an EU trademark so as to get protection in all 28 EU countries.  Then later we can extend your trademark internationally using the Madrid Protocol or filing directly in those countries which are not party to the Madrid system.

How we start registering your trademark

The starting point is to consider the business activities you will be engaging in, and the geographic area in which you will do business. This information is necessary so we can provide a professional opinion on your name, logo, or other brand sign. A benefit of getting an opinion is so you reduce the risk of infringing on anyone else’s rights, and can establish whether you would be able to own the legal rights in the name or logo you are using.

Your application to register a trademark will describe the business activities, so before we register your trademark we help you to assess the different goods and services for which you intend to use the trademark over the next 5 years. This determines in which trademark classes you ought to register your trademark.

Trademark classes are used to group similar goods and services together, for example financial services generally fall within class 36, while t-shirts, shoes, headgear and other clothing are in class 25. When you register a trademark it will only be protected for those particular goods and services so it is important that your application is prepared carefully.

Is the mark legally available

Once you have decided where to register the trademark, and considered your business plans, check whether the mark is legally available.  Existing registrations for your trademark in similar classes can pose a problem if their owners take the view that your application conflicts.  Our professional search and evaluation service includes an identical search of the UK and European Community Trade Mark registers, and a legal opinion on the name to ensure that it meets the requirements for registration.  There are many other searches it is possible to commission us to undertake for you once this initial search is conducted.  We will alert you to the possibilities when we report the results. To be capable of registration as a trademark a mark must be distinctive enough to differentiate your products from those of your competitors.  If it does not, your application will be rejected.  As a firm of trademark lawyers we are solicitors who can support you throughout the process when you register a trademark.  We help you to make informed decisions and have the best chance of success.

Whether you decide to buy a search and evaluation, or accept the risk that existing registrations may pose problems, our experts have extensive experience of registering trademarks and will draft your application in line with your business goals and objectives.  Once the form is ready, you can review it and make comments, and if it is an accurate reflection of your plans for the brand, we will apply to register your trademark.  There are no hidden charges, as our prices include all dues to file your application and oversee it through to registration.  If there are any unforeseen problems along the way, we will let you know in advance whether there will be a cost to deal with them, so you can decide how to proceed without being surprised by invoices.

What happens after you file my trademark application?

Your application will be examined by the registry to determine whether it meets the criteria for registration, and if so it is then advertised for opposition purposes.  In the UK applications to register trademarks are advertised for 2 months so other trademark owners have an opportunity to object if they feel there is a conflict with their own rights.  The advertisement period is 3 months long when applying to register trademarks throughout Europe.  The majority of applications to register trademarks we oversee are unopposed, and buying a trademark search and evaluation is the way to manage the risks.

At the end of the opposition period, if no objections are raised, your application is placed in a queue and your trademark is registered shortly afterwards.  We then post your certificate for you to store in a safe place, along with information about how to manage your trademark registration.  In the UK and EU you can register trademarks up to 5 years before you begin using them, but it is important to note that your rights can lapse if you stop using them.  When we register your trademark, we will send you more details about the steps you need to take to maintain your registration, and protect your brand.

What Next?

To find out more about the way we work, why not take a look at some of the testimonials we received from satisfied clients: Testimonials. Then, unless you intend to use our Bronze trademark service, for which there is a trademark costs calculator, and an estore for ease of purchase, please contact us to discuss your requirements.