What Is a Trade Mark and Why Is It Important for Your Company?

One of the best things you can do as a business owner in the UK is to register a trade mark. What is a trade mark, though, and why is it important to you?

The Trade Marks Act of 1994 defines a trade mark as “any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.” To put it simply, the badge of origin informs your customers that they are purchasing from you and not another company. It could be a word, logo, shape, colour, sound, or even a mix of these.

Consider some of the most recognisable companies you deal with on a daily basis. The swoosh on a pair of trainers, the golden arches of a fast food restaurant or the catchy jingle of an advertisement. These are all registered trademarks with significant commercial value. Your brand is still one of your most valuable assets, even if your company isn’t a global conglomerate.

The exclusive right to use your mark in relation to the products or services for which it is registered is granted upon registration. You may still have some rights under the common law tort of passing off if you are not registered, but enforcing those rights is much more costly and difficult. With a registered trademark, you can confidently rely on a well-defined monopoly.

The Intellectual Property Office, or IPO, is in charge of managing the UK trade mark registration system. The Nice Classification, a globally accepted categorisation of goods and services, serves as the foundation for the system. All commercial activity is divided into 45 classes under this system; classes 1 through 34 deal with goods, and classes 35 through 45 deal with services. The classes that your mark will cover and a detailed description of the products or services that fall under those classes must be specified when you file a trade mark application.

It is crucial to do this correctly from the beginning. The validity of any rights resulting from a subsequent registration may later be questioned if the goods or services are incorrectly classified on your application. This could lead to the removal of your mark from the register, a costly and stressful consequence that can be prevented with appropriate professional guidance from the outset.

From the date of filing, a trade mark registration is valid for ten years, after which it may be renewed indefinitely every ten years. This means that, if you continue to use it and renew it on time, a trade mark may last forever, in contrast to patents and designs, which have finite lifespans.

There are multiple steps involved in registering a trademark. Your application is first submitted to the IPO. An examiner then reviews the application to determine whether the mark satisfies the registration requirements. This involves determining whether the mark is descriptive of the goods or services, whether it conflicts with any previous marks already on the register, and whether it is unique enough to serve as a trade mark. The examiner will give you a chance to address and resolve any objections. Third parties have the chance to contest the registration if the mark passes the examination and is published in the Trade Marks Journal. The mark moves on to registration if either no opposition is submitted or any opposition is defeated.

Although it may seem simple, the examination process actually entails a number of intricate legal and procedural factors. Many applications encounter problems due to improper preparation, incorrect classification of the goods or services, or excessive descriptiveness or resemblance to an already-registered mark.

Here’s where expert help can make all the difference. We handle everything from initial searches and classification advice through to filing, examination, and dealing with any oppositions that may arise. Our goal is to give your brand the strongest possible protection from day one.

Whether you are launching a new product, rebranding your business, or simply want to protect the name you have been trading under for years, registering a trade mark should be at the top of your to-do list. It is one of the most cost-effective forms of intellectual property protection available, and the peace of mind it provides is invaluable.

If you would like to discuss registering a trademark for your business, contact the team at trademarkroom.com and tmr@trademarkroom.com