FAQ

What is a trade mark?

A trade mark is any mark that is easily identifiable as the uniqueness of a product or service represented by a particular person, group of persons or business. The identity should be distinguishable from those of another.

What can I use a trade mark for?

A trade mark can be associated to physical products, services, tangible and intangible assets, pictures, logos, slogans etc or any combination of all of these. It features as a marketing tool that helps people distinguish between different products from various suppliers in the market.

Can I register a trade mark for anything?

In order to register a trade mark with the Patents Office in the UK, the marks should fit all of the criteria mentioned below:

• Must be distinguishable from any other marks of identification used by others for their products and services when the application is made;
  
• Does not deceive or is not contrary to the law of the land or against moral or ethical values; and
  
• Should not be identical or similar to any existing or previously registered trade marks for similar goods and services.

Why should I register for a trade mark?

Trade marks are meant to be a formal protection against open and willing theft of ideas, plagiarism and/or theft of ideas. A high amount of time and money is spent on producing a mark of identity for a particular campaign and it is absolutely unfair that somebody anybody should be allowed to simply copy it or use it to benefit personally, no matter where the business is operated.

Can my trade mark be protected legally?

Yes, registration of a trade mark allows you to challenge another party for infringement under the governing trade mark laws. All you will be required to do is to show that the other person has used a mark similar or identical to your registered mark and for similar goods and services for which your trade mark has been registered.

In circumstances where a person has deliberately used your registered trade mark on the goods and services that are provided by him/her, the act may be challenged in the courts as counterfeiting, which is a criminal offence and the proceedings will be initiated under the governing law by the police and the Trading Standards Officers.

What if I do not register my trade mark?

Although in the UK you do not bound to register a trade mark, but in the event of an infringement, you will have to prove to the courts that you have been using the mark prior to the use of the other person. Furthermore, you will also have to prove that the use of the mark by the other person has been successful in misleading the general public that the other products and services are yours, and that the goods have been misguided in taking the goods for your own.

How do I tell if any mark is registered or unregistered?

A trade mark is represented by two logos or identities throughout the UK.

• The ™ symbol means that the word or logo or design is a trade mark of the company or person who has advertised it, but is not necessarily registered under the governing law.
  
• The ® symbol represents a word, logo or design that has been registered somewhere in the world, but not necessarily in the UK.

Can I make any changes to or alter a registered trade mark?

An alteration of registered trade marks is not accepted by the UK Patent House unless it fits all of the following conditions:

• The mark includes the name and address of the proprietor;
  
• Only the name and address of the proprietor have to be altered;
  
• The alteration does not affect the identity of the mark.

Can I make changes to the details of an application for a registered trade mark?

Once an application has been filed with the Patents Office, a limited number of changes are allowed. These can be listed as follows:

• You can limit the coverage of the trade mark registration to specific goods and services listed on the application form.
  
• Corrections are allowed where errors have been found on the application form with reference to
       >> Your name, address and any other contact details,
       >> Mistakes in sentences or words or in copying information, and
       >> Visible or obvious errors in filling out the form.

The corrections are only acceptable if they do not largely challenge the trade mark itself, or extend the list of goods and services covered by the existing application. You must also state the reasons why you wish to make the relevant modifications in your application, which must be acceptable by the Patents Office.

Where can I get more information and forms of other matters relevant to Trade Marks?

Our resources section consists of information and forms for all matters of trade marks relevant to the UK rules and regulations. Each issue is expressed in brief on the main page; the details, forms and links can be found by clicking on each link provided.