Trade Marks 101: Part 2

In this two part series, Perri Byrne and Liam Faulkner are taking us on a whistle stop tour of trade marks. In Part 1, Perri explained what a trade mark is and the benefits of registration. Here, in Part 2, Liam looks at how to register a trade mark.

In the highly competitive business world that we live in, the well known phrase “dog eat dog” is an understatement to say the least. If it wasn’t hard enough having to fiercely compete with other businesses that aim to conquer the market, there are new businesses popping up round every corner who also have the burning desire to succeed. However, there are tools available to all business owners which can potentially propel them to flourish in even the most cutthroat business environments! You need to look no further. One essential tool that is readily available to you is the registration of your trade mark. If you’ve had the tenacity to create such a creative brand, then why not make sure it was protected?

How can I make my application to register a trade mark?

You may have imagined the registration process entailing a damp old office down a corridor of your local town hall where you are presented with stacks upon stacks of dusty books containing previous trade marks, in which you have to tediously sort through to only find out that someone had registered the same trade mark ten years before you. Thanks to the 21st Century, this is not the case at all.

You will make your application to the UK Intellectual Property Office (click here for more about the IPO).

There are three methods available when applying to register a trade mark. Whichever method you choose, you will need to identify the “class” or “classes” that you wish to register it under. This is essentially the field/fields your trade mark will have protection in, for example “education” or “advertising”.

1)           Firstly, there is the standard paper service (post) which costs £200 (for one class of goods/services). There is a fee of £50 for each additional class.

2)            The second method is an online application, which costs £170 for one class, with a further £50 fee for each additional class.

3)            The final method is the ‘Right Start’ scheme which costs £200 (for one class) and is also an online service. You will pay only half of the fee with your application (for instance, if applying to register under one class, this would be £100). If the report is successful you may then proceed with the registration and the remainder of the fee will then be payable.

With each of these methods the Intellectual Property Office will email/post the examination report to you within 20 working days.

What happens after the application?

If the examiner has no objections to the registration of the mark, you will be published online in the Trade Marks Journal for a period of 2 months. This is open to public inspection in which, interested parties may oppose the registration. As long as no objections arise during that period, then the trade mark will be registered and a registration certificate will be issued to you. Consequently, you will now be the happy owner of a registered trade mark!

laimThis blog post was written by Liam Faulkner. Having studied intellectual property previously he has found it very interesting to apply this knowledge to real life scenarios. In his spare time he enjoys playing football, and after graduating he hopes to either secure a training contract or work as a paralegal.

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