Trademarks

Trademark FAQs

• What is a trademark?

  A trademark is a brand name, logo, phrase, symbol, or design that distinguishes the products or services of one company from those of another, that helps to protect the reputation and identity of businesses.

• Why should I register a trademark?

  Registering a trademark gives you exclusive rights to the name and protection from competitors who may want to use it. It also ensures that your brand is legally recognised and protected from infringement while deterring potential counterfeiters, and allowing you to take legal actions against someone who does attempt to use your trademark without your permission.

• Who should register a trademark?

  Anyone who owns or uses a brand name, logo, phrase, symbol, or design to distinguish their products or services from those of another company should consider registering a trademark. This includes businesses of all sizes, from small businesses to large corporations.

• What is a trademark class and how many/which ones should I file for?

  A trademark class is a number that is assigned to a particular type of product or service. Each trademark class refers to a different type of good or service. When filing a trademark application, you must select the classes that are applicable to your goods or services, so that you are properly protected.

• In what territories should I apply for trademark protection?

  This depends on the scope of your business and the market you are targeting. Generally, it is best to apply for trademark protection in the countries where you are actively doing business or plan to do business in the future. You should also consider applying for protection in countries that may be frequented by potential customers or competitors.

• How long do trademarks last UK and EU?

  Trademarks in the UK are valid for 10 years, with the possibility to renew the registration indefinitely for periods of 10 years at a time. Trademarks in the EU are valid for an initial period of 10 years, and can be renewed for successive periods of 10 years.

• How long does it take to get trademark protection?

  The time it takes to obtain trademark protection varies depending on the particular circumstances of each case. Generally, the process of registering a trademark with the UK Intellectual Property Office (UKIPO) takes between 3 and 4 months. The process of registering a trademark with the European Union Intellectual Property Office (EUIPO) takes between 6 and 8 months.

• What can be registered as a trade mark?

  A trademark can be registered for any sign that is capable of distinguishing the goods and services of one business from those of another. This could include words, logos, shapes, colours, sounds or a combination of these elements.

• Can I sell my registered trademark?

  Yes, you can sell your registered trademark. However, the transfer of ownership must be registered with the relevant intellectual property office. A trademark is similar to other property you may own. It may become very valuable and you can sell it.