Once you have successfully registered your trademark, you can start using the symbol next to your business name to show that it is protected. If you want to trademark your business name in other countries aside from the UK, you must apply through other means where the costs can vary and begin to add up. Other than that, you cant register a trademark for free, and its best to go through the right legal channels to ensure the protection of your company name. While you can search the UKIPO database for free, conducting a trademark search yourself can often produce limited results. Trademarks that are not used in the five years following the registration can be challenged and removed from the register. What Is a Trademark, Copyright, and a Patent? If the UK is a particularly important market for your company you should consider a direct filing to get the registration quicker, and, to avoid having the fate of your UK registration tied to that of your US registration. It costs 50 for each additional class if you pay up front. STEP 3 File Application. You can find a list of chartered attorneys at The Chartered Institute of Trade Mark Attorneys opens in new window. Learn about, search or apply for registration. (And what to do next). Notice of Opposition: 100-200 ($132.84-$265.68) depending on the grounds for opposition. In both cases, the tools available to trademark attorneys are much more sophisticated, and you can rest assured that your searches and monitoring are thorough and conclusive. Unlike the United States, the UK may approve your trademark registration, even if it matches an existing trademark. Thinking of trademarks, youll likely picture the Nike tick or Coca-cola brand name, but various things can be registered as a trademark, from catchy tunes to Viennetta swirls. From this point, you have two options: obtain a letter of consent from the holder of an existing trademark stating permission to register your own or continue your search elsewhere and use a trademark attorney to lend a helping hand. WebRegistering a trademark business name involves choosing the class of goods and services that you want the trademark to cover. It provides protection and prevents others from imitating your brand identity. The name must not be too similar to abbreviations and names of any international organizations. The Standard application costs 170, while the Right Start application costs 200. In the UK, the starting point is 170 for filing in one class and 50 for filing in each additional class. Trademark is a valuable asset that not only gives you the exclusive ownership of your business name but also helps distinguish your brand from the competitors. Note the results of each of your search terms, taking special note of those results that are very similar or identical to your company name. If the name is too similar to one already registered in the same class, your registration may be denied. If you cant register what you have, its best to go back to the drawing board and rebrand rather than risk future legal action opens in new window. Object to other trademarks if you believe they are identical or similar to yours. You can use the registered trademark symbol! You can also license a trademarked name to other businesses. The UK Deed Poll Office is not a government agency. Its worth knowing that even if you successfully register a trademark it can still be challenged and declared invalid. Your trademark does not expire, but renewals occur every ten years. In this article, we explore key questions you might have about trademarking your business name in the UK, including how do I trademark my business name? and more so read on and discover how to go about registering a trademark and the benefits of doing so. For example, if another company uses the same or a similar name to yours and sells a similar product, customers might think they're buying from you instead of your competitors. Copyright 2023 MicroStartups.org. Generic names such as water or book are not accepted. Your business name is overly descriptive or lacks distinctiveness. Learn more about what to look out for andhow to protect yourself. Get a licence to play live or recorded music. You can defend your application. You should not substitute the information provided in this article for competent legal advice. Consumers will easily distinguish your brand name and logo from other providers of the same products if your identity is curated and trademarked. The Community Trademark, or CTM, currently gives trademark owners trademark protections in the 28 countries that make up the European Union. If a trademark hasnt been used for five years or more, or is listed as expired, you can seek to have the existing trademark cancelled and then register your own trademark. TM4. Known as the Nice classification, you can review the full class list at the World Intellectual Property Organisation opens in new window. Therefore, if you operate internationally, you should make sure to register your business name in all the relevant countries. In the United Kingdom, it is possible for a confusingly similar mark to be registered while yours is in use. Start using the symbol next to your business name. The trademark must remain the same as it was when you registered it. Youll need to keep a watch on other unauthorised uses of your trademark. Service classes range from education including animal training (Class 41) to food, drink and hotel services (Class 43). Postal applications cost 200 initially and 50 for each additional class. At iGERENT, we have the legal expertise to provide international trademark registration services for businesses of all sizes. An examiner from UKIPO will review your application and contact you within 20 days if there are any objections. This covers all forms of original content, such as imagery, designs, and audio recordings. During this time, anyone with an existing similar mark will be notified of your registration. Trademark names must follow the criteria set by the World Intellectual Property Organization: You should keep your business name simple and easy to pronounce and spell. WebThe simple 5 step process to register a trademark in the UK. You will receive an initial report on your application within two weeks. This means that businesses in other countries can still legally use your trademark. In addition, the United Kingdom Intellectual Property Office recognizes sounds and colors as potential trademarks as well. If a particular combination represents your brand for example a product name such as McDonalds Big Mac hamburger or an audio clip such as Intels TV advertising jingle then you should consider trademarking it. Use your trademarked business name within the first few years of registration this way you ward off potential trademark challenges or refrain from being removed from the trademark register after five years into your ownership without use. For instance, if you register a Private Limited Company in the UK, it is illegal for another company to use your business name. You will be asked to specify what your trademark is and what classes you want it to apply to. It costs 170 to register a trade mark in one specific class electronically, but if you wish to send in your registration Should I trademark my business name UK? These can be a combination of words, logos, symbols, colours, images and even sounds. To protect the unique elements that identify your brand, you must consider trademarking your business. If you wish to conduct business in Europe, consider applying for an EU trademark. You are not allowed to use this symbol for company and product names. While fees vary, you can generally expect to pay 200 + VAT for registering the trademark for multiple classes in addition to the UKIPO fees. If someone objects to your trademark application, the UKIPO will try to resolve the issue. International protection is not guaranteed as many countries have varying levels of enforcement. Applying online to register a trademark is the cheapest option. At LawBite, we charge a clear and transparent fixed fee of 395 plus VAT which covers the preparation, filing and There are exceptions. If the attorney is helping you with the trademark search, you will have to pay around 100 +VAT for this service. To differentiate between an authentic trademarked product and a replica is easy, as fake logos, slogans, phrases, business names, and products will typically showcase some or all of the following: Here are some tips on how to check if a name is trademarked: A companys business name refers to the name used in trade. Unlike copyrights, trademark rights are territorial. Brands such as Nike, Microsoft and Kodak are all fictional names that allowed them to be successfully established as a unique, trademarked business name. Consider these 5 steps when registering your trademark in the United Kingdom. To help you differentiate between the three, heres a short summary of each: To protect your intellectual property and guarantee someone doesnt steal your work and claim it as theirs, you have to ensure you apply for the right kind of legal protection, whether its copyrighting or trademarking company names. This process takes approximately six months. If you use this application method, the initial cost for trademark registration is 100 and you will pay a further 25 for each additional class. This covers words, logos, 3D shapes, sounds, colours, images, moving images. Prepare An Application. There are 45 trademark classes in total, 34 covering goods and products and 11 covering services. Using the Nice classification, identify the activity of the good or service by asking questions such as: What is the purpose of the goods or service Im providing?. Use this where ever your business name appears, as well as any other trademarks you may have registered, including logos or slogans. Once your trademark has been registered with the IPO, you can begin using the symbol. A trademark is any sign capable of being represented graphically and of distinguishing the goods or services of one undertaking (business) from those of other undertakings (businesses). When you successfully register a trademark, the symbol will appear after your companys name and logo. For example, you are not allowed to register the name Car Cleaner for a car cleaning service or Milk for a range of milk products. Washington, D.C. Although many consider different options on how to trademark a name for free, its always best to register your mark with the USPTO. In June, Arizona State University filed seven []. Again, it is strongly recommended that you work with a trademark attorney to complete your initial search. You can trademark your business name in the UK and build a brand entrenched in law. Registering a trademark for your business name can give you an edge over competitors in the current business landscape: You will have exclusive rights to use and capitalize the trademarked name. How Can You Trademark A Business Name In The UK? Get an uncertified electronic copy of your patent. How Long Does Perfume Last? WebWhen looking to trademark your business name in the UK, its important to select the right trademark class a selection of 45 different categories known as the Nice classification. If the process goes off without a hitch you can expect everything to be finalised in four or so months. The name you wish to trademark must not be misleading in terms of products or services provided. Without adequate legal protection, you may struggle to take action against the perpetrator. If there are no objections, or the objection is resolved, your trademark will be registered within two weeks of the end of the publication period. WebThe abbreviation TM is used in the UK to indicate that a company/business is using something be it a word, symbol or combination of the two as a trade mark but it is currently unregistered. 40: plus WIPO fees. Postal A special mark is allocated to a specific product, logo, or name that identifies it as unique to a specific business. Business owners without trademarks might unknowingly infringe on existing trademarks. In the same way you can trademark a company name, a business can have numerous trademarks on different products, phrases, logos, and other brand-related things to protect its brand identity and intellectual property. The European Union also offers a one-application option. If your name has already been trademarked, its likely youll need to come up with a new one. Trademarking a name refers to a legal process that ensures your company has a logo, phrase, symbol, or design that distinguishes it from competitors. You can get some trademark protection simply by including a logo and slogan in your business name, but the best protection comes from registering your mark with the UK Intellectual Property Office (IPO). Consider the Madrid Protocol or an EU Registration. If you change any aspects such as typeface, colour or design youll need to make a new application. Getting your brand trademarked will also increase your brands visibility and solidify your companys reputation as qualified and credible. Business and industry; Intellectual property and copyright; Trademarks. If you would like further information or advice, please contact the highly experienced Trade Marks team at Albright IP via email, by telephone: +44 (0) 1242 691 801, or using the form below and we will be happy to advise and guide you. You can search for existing and expired trademarks either by trademark number, owner, keyword, phrase, or image. Here are 5 benefits of trademarking your business name. Once you have decided what name you wish to trademark, completed a trademark search, and chosen the classes to register the name in, you can start the application process. Because trademarks are registered to a specific class, different businesses can have the same trademark name if they belong to different classes. You may attempt to directly resolve the issue with the individual opposing the registration. Trademarking protects your brand against potential threats now and in the future. If your company or products have a unique name you dont want anyone to copy, its in your best interest to follow the steps on how to trademark a business name. Trademarking a business name in the UK doesnt have to break the bank. Begin the search by typing your search terms into an online search engine such as Google.com. Service classes include education, food, drink and hotel services, for example. What are Business rates and how can I reduce them? When applying to a CTM, registrants pay only one fee, instead of a fee for each individual country, making it a cost-effective way to register in Europe. How Do I Trademark My Business Name? While there are many similarities in trademark laws by country, there are also plenty of differences. There are 45 different trademark classes: 34 WebHow much does it cost to trade mark a name for your business? Are you ready to explore trademarking a business name in the UK? If you wind up using an already trademarked business name then you risk receiving a cease and desist order from the brand in question. It gives your business a competitive advantage by allowing you to turn your brand name into an intangible asset. Youll need to renew the registration every ten years, but you wont need to make a fresh application. You can also use it for any goods that fall into the applicable category (es). If you have considered trademarking a name in the UK, its possible that you may also wish to build an international trademark portfolio further down the line. A good sense check is to identify the elements of your brand that are unique to you. The You can only trademark and use a business name that has not been previously trademarked in the same industry. Trademarking your company name is not legally required, but if you want to scale your business and ensure your intellectual property is safe, its advised to find out how to trademark a company name. You can register one type of trademark or many, but each will need to be registered as separate trademarks in the UK. Make sure to pick the relevant class for your business name because different businesses can register the same trademark under different classes. Objections can come from a business trying to register a similar trademark, or a business adopting a wait-and-see approach to see how you are going to use your trademark. Once registered, you can use the symbol to show that Finally, youll have to consider how to enforce your trademark if it is infringed by other parties during your ownership. You will pay 50 for each additional class.*. Also, you cannot make changes to the trademark once registered; any alterations to the copy or appearance mean youll have to start the registration process for a new trademark. 1. Private trademark search firms will conduct searches This protects anything that identifies as a product, service, or brand. Youll want to make sure your company Trademarking your business name is a simple and mostly inexpensive process. Once registered, the symbol shows that your brand and logo are protected. Once published, anyone can object to the application such as a similar business with an unregistered trademark. In the UK, using this symbol is illegal if your trademark is not registered with the UK Intellectual Property Office (UKIPO), the official government body responsible for trademarks. With our article, you can learn more about what a trademark is, why you should trademark, and how to register and trademark a business name in the UK. Well, the process is rather simple. Similarly, if you extend your brand into a different trademark class, youll need to apply for the trademark to be valid in that class. Infringing a trademark risks your entire business opens in new window. Before applying to trademark a name in the UK, its vital to check whether existing or similar trademarks exist. The first step is to determine how you want your mark to be protected. Although you can do the UKIPO database search on your own for free, its strongly recommended that you seek help from a trademark attorney who will be able to conduct a more detailed search of all registered trademarks. Call us on 44 (0) 1223 208 624 or email Copyright determines the rights people have over the original creative work they produce. The name is too similar to an existing trademark or a mark in a co-pending application. To trademark your business name in the UK, you must first learn whether your trademark is eligible by checking your name against government guidelines. The name cant be a three-dimensional shape associated with your trademark, for example, the shape of an egg if you are selling eggs. A ruthless competitor may decide to steal or copy your intellectual property by producing a distinctly similar logo that confuses customers to the extent you lose sales. A UK Trademark registration only protects your rights in England, Wales, Scotland, and Northern Ireland. How Are Business Names and Trademarks Different? Whether or not you should register a trademark is determined by a number of factors. If your brand is likely to be used across several categories, such as a fashion brand creating clothing (Class 25) and a range of make-up (Class 3), then you need to register in all classes your trademark will operate in. At iGERENT, we recognize that every small business owner has different resources and unique requirements. Each class covers different industries, products, and services ranging anywhere from chemicals to musical instruments. MM2. Because the industry is filled with copies, a registered trademark allows consumers to differentiate between real and fake. At the end of this period, you can choose to renew your trademark. Trademarks successfully protect elements such as a brand name, logo, or slogan. Can You Add Goods and Services to a Trademark Registration? With this in mind, we can cater to budgets of all sizes and recommend specific strategies to best protect your interests. It can be challenging to manage international trademark filings, especially if you are trying to register in more than one foreign country. With a trademarked brand, you can establish a strong identity and credibility, which will help your marketing campaigns and drive sales. If there are no objections, your application will be published in the Trade Marks Journal opens in new window for two months. It is important to note that trademark search software or websites offered for free to the public are not comprehensive enough to detect all similar marks. The LIME ALIGNERS is under the trademark classification: Medical Instrument Products; Pharmaceutical Products; The LIME You could, for example, use the exact same word in different fonts, words in upper and lower cases, and names with slightly different spellings. A registered trademark is valid for ten years. If your business is based in the UK, then trademarking your business name is a vital step for preventing copycats and protecting your livelihood. Not using the trademark in a five-year-period can leave you open to having the trademark challenged and removed from the register. Once your application has been accepted, it will be published in the official Trade Marks Journal for two months. Here is what you need to do: The Intellectual Property Office guide provides more information on how to choose a trademark class or classes that best suit your business. Loans are strictly for 18s and over. If you and your attorney determine that your trademark, or something confusingly similar, is already registered, you could still have a path to registration. Names that describe the goods or service, or that are a characteristic wont be allowed. This will only cover the UK once granted. Terms and conditions apply. You can also apply for a European trademark through the European Union Intellectual Property Office (EUIPO) or an international trademark through the World Intellectual Property Organization (WIPO) which will save you both money and paperwork. Essentially, copyright protects the expression of an idea rather than the concept itself. Protecting a trademark means actively enforcing it. WebApplying online to register a trademark is the cheapest available option. In the section below, weve summarized a 5-step guide to help you get through the process smoothly. Speak with your attorney you decide on the best course of action. Completing a trademark search in the United Kingdom is an essential step in trademarking your business name. Trademarking a business name in the UK doesnt have to break the bank. It allows you to use your business name without having to worry about accidentally infringing upon someone elses trademark and having to pay legal fees and fines. Your application cannot be changed once it has been submitted, so include all classes relevant to your business activities. Trademarks and copyright are both designed to protect your intellectual property. Registering your business name as trademark ensures that it is legally attributed to your company alone. Likewise, if you wish to expand your products or services into a different trademark class, you must apply for the trademark to be valid in that class. Check not only for the name you want but also for names that sound similar. A complete legal structure chart for the group can be found at www.british-business-bank.co.uk 2022 British Business Bank plc. Using this knowledge, you can make informed decisions about protecting your IP. It prevents other companies from using your business name. You cant really copyright a business name, since copyrighting applies to artistic and creative works. You must weigh the potential cost of registering a trademark against the financial risk of operating without one. Imagine a scenario where you lose a sale because someone has purchased from a company impersonating your business by using your mark. WebProtect Sales: Registering your business name for a trademark protects your sales by preventing consumer confusion. It is the responsibility of the trademark owner to oppose the mark during the publication period. Your trademark is registered for non-business purposes, File a hearing request if you believe your application was not fairly evaluated, Provide additional proof of the legitimacy of your trademark request, Your application may be eligible in some classes but not others, you can request that the registration be divided so that the process can continue in accepted divisions, Seek assistants from professional advisors, Speak with the person making the opposition. It may be worth engaging a chartered trademark attorney to help, as they can conduct a more detailed search of registered trademarks. Once a trademark is registered, it must be used commercially. By not trademarking your business name, you risk someone else taking it off your hands and while you can push back via unregistered rights, this is a costly process that could have been avoided by taking precaution and initially trademarking your business name in the UK. The USPTO provides strong trademarks on a federal level that can be used for your common-law rights, guaranteeing a legal and credible trademark for your company name. All Rights Reserved. How do I trademark my business name in the UK? Can You Sell a House With a Mortgage in 2022? Now you need to apply through the UK Intellectual Property Office. Product classes encompass everything from cosmetic ingredients and clothing to games, toys, and musical instruments. Its important to check existing trademarks so you dont infringe on existing ownership and find yourself entangled in legal troubles. Worried about someone ripping off your business name or losing out to the competition? Great news. A trademark is far more specific than copyright. Infringement is usually handled under civil law. How Much Does it Cost to Trademark a Name? If no objections are issued, your trademark application will be accepted and subsequently published in the UK Trade Marks Journal. The protection of any Trade Mark can be complex and multi-faceted. Join the thousands who have trusted the UK Deed Poll Office to help change their name. For large corporations, they are practically priceless. When looking to trademark your business name in the UK, its important to select the right trademark class a selection of 45 different categories known as the Nice classification. I do business to pay the bills and make music to bring the thrills. The same applies to monitor services intended to alert you if your trademark has been used without your permission. However, the current trademark owner would be notified and could oppose your registration. Failing to do so could weaken your mark significantly. Before applying, you should take your time and do your research. If you are selling goods that are not organic, your brand name cannot contain the word organic. This name is an important part of your brand, so its a good idea that you establish ownership and protect it with a registered trademark. If youre making a series application the first Trademarks. The situation can quickly spiral out of control. Applying by post costs 200 to register for a single class, and 50 for each additional class. And why? There are 45 different trademark classes: 34 covering goods and products and 11 covering services. Applying to register a trademark online through the UKIPO website is the cheapest option. In addition, be sure to renew your trademark by the deadlines set by the IPO. Explore if changing colours, style and design of the mark is enough to differentiate it. Our function is purely as a document provider for the self-declaration of an unenrolled deed poll. As a small business owner, these are essential questions to ask yourself. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved. The name can't create a likelihood of confusion among consumers. Once you have registered your trademark, you can: After the registration, you are expected to use your trademark consistently and effectively. Use our answers to these frequently asked questions to guide you through trademark registration. Step 2: Identify your trademark. You should provide a business or PO Box address if you do not want your home address to be public. However, it is your responsibility to take action and file an opposition against the mark. The trademarked name must be completely unique. Expect the process to take around four months in total if there are no objections. Registering or owning a domain in your company name, while still important, affords no extra legal rights stopping someone from using a similar name or logo. Owning a construction company certainly helps, too, but it also brings out my love for building and home protection. A trademark registered with the United Kingdom will provide protection in England, Scotland, Wales, and Northern Ireland. Additional trademark registrations, up to a maximum of 6, cost 50 each. 1. You can also search for symbols and phrases, returning a list of any similar trademarks and the class they are registered in. Stay in the know and be empowered with our strategic how-tos, resources, and guidelines. You can search for existing and expired trademarks using the UK Intellectual Property Offices (UKIPO) database opens in new window. Registering a trademark may seem like an unnecessary hassle. The intricacies of international trademark registration can vary depending on the size of your business. They may give you permission or agree to license its use for a fee. Can my trademark registration get rejected? A trademark search can be done using the UK Intellectual Property Offices (UKIPO) database. You can register for multiple trademark classes if your product or service fits into several different categories. Trademarks are often immensely valuable assets. Personal loans for business use only. You can do this using our free trademark search service. But how do you go about checking existing trademarked business names in the UK? Feel free to contact BBCIncorps customer services for advice on your specific cases. The trademark registration process will give you a clear understanding of what is currently protected. When filing a series application, the first two trademark variations are filed at no additional cost. Youll have 2 months to respond to the IPO and resolve these issues, or your application will be denied. Depending on how many marks you want to register, classes within your application, and whether youd like to renew the application after 5 or more years, it can cost anything between $250$775 per trademark. The first step is to determine how you want your mark to be protected. The most cost-effective way to register a trademark is online. For example, your business sector, the type of name you have, and whether you have the time and money to file a trademark application. Its important that you pick the relevant class for your business when you trademark a name. Our quoted prices include all professional and official fees with no hidden or additional costs, giving you complete peace of mind. Here are some examples of what can count as a trademark: When you trademark your business name in the UK, youll be able to: While the potential for trademarking is numerous, there is a limit a trademark must be unique and not be confused with a trademark that already exists. For example, you cant register the word MILK for a range of milk drinks or WINDOW CLEANER for a window cleaning service. WebApplication to register a trade mark. A great example of this are the Drunk Elephant beauty products that have trademarked quirky names for shampoos and conditioners, some of which include Cocomino, Wild Marula, and T.L.C. The symbol is used exclusively for unregistered trademarks. As an essential component to the startup dictionary, trademarks provide much-needed legal protection against unregistered businesses using your name, stealing your audience, and devaluing your brand identity. It only shows that you have registered your company name with Companies House. For a full list of our client reviews, click here. Register the mark. Disclaimer: While BBCIncorp strives to make the information on this website as timely and accurate as possible, the information itself is for reference purposes only. Finance is subject to status. 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