A common use for trade marks is distinguishing one party from another. Protection against imitation comes from the trade mark rules of the United Kingdom.
In fact, the business world uses trade mark symbols more often than individuals. They use the logo to provide a product or an organisation with an identity that competitors cannot 'legally' imitate or reproduce.
A trade mark must be 'unique' to include any element (or combination).
Note: As a general rule, most common law countries refer to the term as a 'trade mark'. Whereas, the USA and Canada will write it as 'trademark'.
You would need to search the trade marks database before sending an application. The purpose is to check that no one has already registered an identical or a similar trade mark for either the same or similar types of goods or services.
The examination may show that someone already holds it as an existing trade mark. If so, you would need their permission to register yours.
Several options exist if there is an objection to a trade mark examination. In this case, you would need to get a 'letter of consent' from the owner to send along with your application.
Note: You can also use the CITMA directory to help you find a Chartered Trade Mark Attorney for searches and registrations.
The guide explains how to register a trade mark and what fees you would need to pay. Extra details in the section provide further information on:
Note: You can use the Chartered Institute of Trade Mark Attorneys (CITMA) website to search for legal representation.
Keeping all registrations accurate and current are some of the responsibilities for owners of UK registered trade marks. So, you may need to update or surrender a trade mark to keep it up to date with the IPO.
A range of other services available means you can also:
Note: Signing up for alerts means you can track a trade mark to check the status of an application (UK and international registration).
Trade Mark Rules in the United Kingdom