Do you need to trademark your business name in the UK? The UK government website has a search tool for trademarks.As well as checking here, its worth researching whether any other non-trademarked artists are operating in your name. If you leave your business name unregistered, your competitors can take advantage of the reputation that you have already built for your company. WebThe abbreviation TM is used in the UK to indicate that a company/business is using something be it a word, symbol or combination of the two as a trade mark but it is currently unregistered. If you want to distinguish and protect your company and its products from competitors, a trademark for your companys name is the answer. The Standard application costs 170, while the Right Start application costs 200. Postal All rights reserved. Here is what you need to do: The Intellectual Property Office guide provides more information on how to choose a trademark class or classes that best suit your business. British Business Bank plc and its subsidiaries are not banking institutions and do not operate as such. If youre wondering why and how to trademark a company name, read our guide for full definitions, tips, frequently asked questions, and clarifications on company name trademarking. Use our answers to these frequently asked questions to guide you through trademark registration. As legal professionals in each jurisdiction typically handle trademarks differently, and countries have different variations of trademark law, managing an IP portfolio can often become rather time-consuming. Costs of Trademarking a Name. Applying by post costs 200 to register for a single class. Applying to register a trademark online through the UKIPO website is the cheapest option. Can You Sell a House With a Mortgage in 2022? There is no limit on how often you choose to renew the protection. It gives your business a competitive advantage by allowing you to turn your brand name into an intangible asset. If youre making a series application the first To do this, you can carry out a trademark name search of the UK Intellectual Property Office (IPO) database through the government website. Monitor the use of your trademark, and respond to any opposition notices sent to you by the IPO. Expect the process to take around four months in total if there are no objections. When you trademark a name, its essential to select the right trademark class for your business, otherwise, your application will be denied. When this process is underway, begin identifying your unregistered mark. This means that businesses in other countries can still legally use your trademark. If you work with an Intellectual Property specialist (which we would Essentially, copyright protects the expression of an idea rather than the concept itself. You will need to obtain a certified copy of your UK trademark registration, known as a Certificate of the Registrar. Whether you have current customers in the United Kingdom or you plan to expand there in the future, it is a good idea to trademark your business name in the UK since it is such a common trading partner with the United States. However, not all names can be trademarked. BBCIncorp can help you hit the ground running quickly and affordably. Even though there are third-party providers and agents available, the cheapest way to trademark a name is to go through the U.S. Patent and Trademark Office (USPTO). The examiner may raise objections if there are: Absolute grounds for refusalif the trademark is too generic or descriptive, or if it is deemed offensive. Not only are you able to fight your case and protect your brand from misuse with more authority, but also nurture a professional and authentic brand image customers know to trust. It also serves as legal protection against anyone misrepresenting your brand or using it without your permission, as well as preventing competitors from using a name that is identical or similar to yours. Unlike the United States, the UK may approve your trademark registration, even if it matches an existing trademark. This name is an important part of your brand, so its a good idea that you establish ownership and protect it with a registered trademark. It is often advantageous to make changes to your United Kingdom trademark before filing. You should provide a business or PO Box address if you do not want your home address to be public. If the examiner has no objections, the registration will go to publication. A special mark is allocated to a specific product, logo, or name that identifies it as unique to a specific business. Youll need to renew the registration every ten years, but you wont need to make a fresh application. Infringement is usually handled under civil law. For example, you are not allowed to register the name Car Cleaner for a car cleaning service or Milk for a range of milk products. Registering a trademark for your business name can give you an edge over competitors in the current business landscape: You will have exclusive rights to use and capitalize the trademarked name. WebConsider these 5 steps when registering your trademark in the United Kingdom. Getting your brand trademarked will also increase your brands visibility and solidify your companys reputation as qualified and credible. Trademarks that are not used in the five years following the registration can be challenged and removed from the register. The first step is to determine how you want your mark to be protected. The name you wish to trademark must not be misleading in terms of products or services provided. If problems are flagged, youll receive detailed objections, in which case, you will have two months to resolve those objections. I do business to pay the bills and make music to bring the thrills. Not using the trademark in a five-year-period can leave you open to having the trademark challenged and removed from the register. We work with clients from all 50 states, and, from 30+ countries around the world. You can register online with the UKIPO opens in new window or trademark a name using Form TM3 opens in new window via post. Im an entrepreneur by profession and an artist by passion. April 2022. Its a good idea to use the trademark commercially within a few years of registration. There are 10 simple components to trademark a company name application: After completing the application, applicants will receive a receipt with a unique serial number from the USPTO that can be used to check the application status. The UK Intellectual Property Offices (UKIPO) database opens in new window includes details of who owns a particular trademark. To register a trademark in the United Kingdom, you have to apply with the Intellectual Property Office (UKIPO) either by filling out an online application form or sending your application by post. Overview of getting trademarked in the UK. How Are Business Names and Trademarks Different? Once registered, you can use the symbol to show that T rademark database how to check if a business name is trademarked . Take legal action against people/organisations using your business name, Use to signify ownership and to deter others from using your name, Sell, license, and distribute your business name freely, Buying and owning a dot com address or web domain , A 3-D shape associated with your trademark . Conduct a UK Trademark Search. It costs 170 to register for a single class. Service classes range from education including animal training (Class 41) to food, drink and hotel services (Class 43). The symbol stands for copyright. Loans are strictly for 18s and over. Similarly, if you extend your brand into a different trademark class, youll need to apply for the trademark to be valid in that class. If you have considered trademarking a name in the UK, its possible that you may also wish to build an international trademark portfolio further down the line. You can register one type of trademark or many, but each will need to be registered as separate trademarks in the UK. If the name is too similar to one already registered in the same class, your registration may be denied. Trademarking protects your brand against potential threats now and in the future. Many people confuse the trademark application process with the name registration process, but they are not the same. Trademarking a name refers to a legal process that ensures your company has a logo, phrase, symbol, or design that distinguishes it from competitors. Once youve established what you want to trademark and the classes you wish to register in, you can apply to the UK Intellectual Property Office. 3. WebStandard application. Trademarks are valuable assets. Therefore, if you operate internationally, you should make sure to register your business name in all the relevant countries. Why Should I Trademark My Business Name in the UK? You can register your trade mark to protect your brand, for example the name of your product or service. Before you can trademark your name, check if its already taken. May 2022. Because the industry is filled with copies, a registered trademark allows consumers to differentiate between real and fake. Using this knowledge, you can make informed decisions about protecting your IP. Trademarks. WebThe simple 5 step process to register a trademark in the UK. Note the results of each of your search terms, taking special note of those results that are very similar or identical to your company name. Although youre not legally required to trademark your business name, there are many benefits to taking the steps to protect your brand by trademarking it. The Madrid Protocol is best used if you are planning to file in a long list of countries. A good sense check is to identify the elements of your brand that are unique to you. Also, any application filed through the Madrid Protocol would be completely dependent on your US trademark being registered (and maintaining that registration). Brands such as Nike, Microsoft and Kodak are all fictional names that allowed them to be successfully established as a unique, trademarked business name. How much does it cost to trademark a business name? The prices stand at: 170, register a name in a single class with 50 for every additional class. Once you receive your Certificate of Registration, it is up to you to maintain it. If you want to add more classes in the future, you will have to pay for an additional application. Searched for a trademark and found it is already in use? As a small business owner, these are essential questions to ask yourself. To find trade mark applications accepted in the last week, check: Intellectual Property Offices online trade marks journal - for UK trade marks and The Chartered Institute of Trade Mark Attorneys (CITMA) publishes a comprehensive list of chartered trademark attorneys in the UK. WebApplication to register a trade mark. Objections can come from a business trying to register a similar trademark, or a business adopting a wait-and-see approach to see how you are going to use your trademark. Once you have successfully registered your trademark, you can start using the symbol next to your business name to show that it is protected. Business owners without trademarks might unknowingly infringe on existing trademarks. Not only is it a way to keep competitors at bay, but its also a great way to ensure consumers can differentiate between your product and someone elses. It allows you to use your business name without having to worry about accidentally infringing upon someone elses trademark and having to pay legal fees and fines. The name must not be too similar to abbreviations and names of any international organizations. Learn about, search or apply for registration. At iGERENT, we have the legal expertise to provide international trademark registration services for businesses of all sizes. A trademarked name grants you the exclusive right to use and enforce your companys name, allowing you to monitor unauthorized use and file lawsuits against those who use your mark. Most objections from the UKIPO revolve around how distinctive a trademark is. When you partner with one of our trademark consultants, they will take all your requirements into account to deliver a custom solution. How to Trademark a Company Name [Full Guide for 2022], passed the worlds first known trademark in 1266, How to Create Your Own Email Domain Free of Charge, Best Fathers Day Gifts [List of 31 Gift Ideas for 2022], Is Dropshipping Worth It? no you can not use trademark registered name of other company, you have show two thing in which class that company registered , in that call u can not used , if the class is different than you can use , eg if company registered there business name telecom business ,you registered in gold business that case you use name . more details Working with an experienced trademark attorney can help you navigate the process to trademark your business name in the UK. Although you can do the UKIPO database search on your own for free, its strongly recommended that you seek help from a trademark attorney who will be able to conduct a more detailed search of all registered trademarks. If the attorney is helping you with the trademark search, you will have to pay around 100 +VAT for this service. Can my trademark registration get rejected? For example, your business sector, the type of name you have, and whether you have the time and money to file a trademark application. Before applying to trademark a name in the UK, you must check whether existing or similar trademarks already exist. For example, the government website says your trademark cannot be: Remember to keep these criteria in mind before going ahead with the process to avoid disappointment or wasted effort. You can trademark your business name in the UK and build a brand entrenched in law. Object to other trademarks if you believe they are identical or similar to yours. Applicants can only apply for one mark per application, and they have to pay for each class within an application, even if it falls under one name. In the United Kingdom, it is possible for a confusingly similar mark to be registered while yours is in use. With this in mind, we can cater to budgets of all sizes and recommend specific strategies to best protect your interests. British Business Bank plc is a development bank wholly owned by HM Government. If you continue with the application after receiving the report, you will have to pay an additional 100 and 25 for each class. 1. Trademarking a business name in the UK doesnt have to break the bank. Before submitting the application, you will have to pay the processing fee. If you would like further information or advice, please contact the highly experienced Trade Marks team at Albright IP via email, by telephone: +44 (0) 1242 691 801, or using the form below and we will be happy to advise and guide you. Your trademark does not expire, but renewals occur every ten years. The main purpose of a trademark is to protect a product, design, or phrase against consumer confusion. You can trademark your company name in a variety of formats, such as a standard character mark, a design mark, or a sound mark. The UKIPO website offers detailed information on how to register your trademark abroad. Whether or not you should register a trademark is determined by a number of factors. The Start-Up Loans Company is a wholly owned subsidiary of British Business Bank plc. Anyone who already owns a similar mark will be notified of your registration and can oppose it. Copyright determines the rights people have over the original creative work they produce. Disclaimer: iGERENT provides access to independent attorneys and independent professionals based locally in the countries in which you require services. The more distinct it is such as a unique name and logo the easier it will be to register. Other than that, you cant register a trademark for free, and its best to go through the right legal channels to ensure the protection of your company name. There are 45 trademark classes in total, 34 covering goods and products and 11 covering services. Registering a trademark may seem like an unnecessary hassle. A registered trademark is valid for ten years. Trademark names must follow the criteria set by the World Intellectual Property Organization: You should keep your business name simple and easy to pronounce and spell. This trademark was filed to UKIPO on Thursday, November 24, 2022. Search and register your trademark with iGERENT today! If the process goes off without a hitch you can expect everything to be finalised in four or so months. BBCIncorp Limited, Hong Kong - Registration number: 2508698 and D-U-N-S number: 664611652. Regardless of the size of your company, registering your business name as a trademark has multiple benefits: Your business name is an integral part of your brand. Register an International Registration. WebApplying online to register a trademark is the cheapest available option. This option will give you broader protection and allow you to use your trademark in many different ways. Likewise, if you wish to expand your products or services into a different trademark class, you must apply for the trademark to be valid in that class. Trademarking your business name is a simple and mostly inexpensive process. Most trademark disputes arise, not from exact matches to a mark, but to marks that may provide a likelihood of confusion in the marketplace. This covers all forms of original content, such as imagery, designs, and audio recordings. This allows you to distinguish your ideas and services from those of another. So, in answer to the question, Should I trademark my business name in the UK? yes, especially if your business is expanding and becoming more vulnerable to exploitation. There are 10 simple Your brand name cant indicate geographical origin. The more distinct the name is, the easier it will be to register it. Youll want to make sure your company In the UK, using this symbol is illegal if your trademark is not registered with the UK Intellectual Property Office (UKIPO), the official government body responsible for trademarks. The Madrid Protocol allows trademark How to Register a Trademark for a Company Name in the United States. First, search the Trademark Electronic Search System database for existing trademarks. After, apply at the U.S Patent and Trademark Office online. Then provide additional business information like category of services and date of first use for desired company name. The name is too similar to an existing trademark or a mark in a co-pending application. Now you need to apply through the UK Intellectual Property Office. MM2. If the UK is a particularly important market for your company you should consider a direct filing to get the registration quicker, and, to avoid having the fate of your UK registration tied to that of your US registration. This way consumers will acknowledge your brand credibility and are more likely to purchase your products. Consumers will easily distinguish your brand name and logo from other providers of the same products if your identity is curated and trademarked. & Other Trademark Questions Answered, 7 Amazing Content Marketing Strategies to Maximize Conversion of Lead to Sales, A Beginners CRO Guide: 5 Tips To Increase Your Websites Conversion And Grow Sales, 50 Micro Startup Ideas You Can Get Started With Today, How To Create A CSR Policy: A Simple Guide For Business Owners. You must apply for renewal within six months of the trademarks expiry date, otherwise, you will have to start a new application process. Although many consider different options on how to trademark a name for free, its always best to register your mark with the USPTO. Again, it is strongly recommended that you work with a trademark attorney to complete your initial search. Great news. Private trademark search firms will conduct searches The protection of any Trade Mark can be complex and multi-faceted. This will offer sufficient protection for as long as the trademark is actively used and renewed. And why? To protect the unique elements that identify your brand, you must consider trademarking your business. If you are trademarking a symbol, it must not look like any existing state symbol including flags and emblems. All Rights Reserved. There are exceptions. What to Keep in Mind After Youve Registered Your Trademark, UK Intellectual Property Offices (UKIPO) database, UK Intellectual Property Offices trademarks journal, Chartered Institute of Trade Mark Attorneys (CITMA), European Union Intellectual Property Office (EUIPO), World Intellectual Property Organization (WIPO). PAST RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. There are many forms and fees involved with trademarking your business name in the UK, for example: However, when calculated in total the cost can be relatively inexpensive, especially if you choose to register online. You will need to renew a trademark every ten years in the UK to ensure protection. This process takes approximately six months. Here are some examples of what can count as a trademark: When you trademark your business name in the UK, youll be able to: While the potential for trademarking is numerous, there is a limit a trademark must be unique and not be confused with a trademark that already exists. Step two: choose the right trademark class, Step three: register your trademark business name in the UK, How do you check existing trademarks? Once you have registered your trademark, you can: After the registration, you are expected to use your trademark consistently and effectively. Using the Nice classification, identify the activity of the good or service by asking questions such as: What is the purpose of the goods or service Im providing?. If you have worked with a US trademark attorney for your initial trademark filing in the US, that attorney will many times have relationships with UK based attorneys as well and can help you navigate the process. What are Business rates and how can I reduce them? Register the mark. Consider these 5 steps when registering your trademark in the United Kingdom. Well, the process is rather simple. In addition, the UK Intellectual Property Offices trademarks journal shows all trademark applications accepted that week. (UK Guide), UK Intellectual Property Offices (UKIPO) database. Happi Scalp. Infringing a trademark risks your entire business opens in new window. It costs 50 for each additional class if you pay up front. WebCommon Government Fees for Trademark Filing and Maintenance in the U.K. If you decide to change any aspects of your trademark such as font, color, or design, you will have to file a new application. Each additional class is priced at 50. Its worth keeping in mind that the system that allows a series of marks is specific to the UK and in all other countries you can only apply for a single mark. What are the perks of getting trademarked? If a similar mark is filed, the Register at the IPO will notify you during publication. You can find a list of chartered attorneys at The Chartered Institute of Trade Mark Attorneys opens in new window. For example, if another company uses the same or a similar name to yours and sells a similar product, customers might think they're buying from you instead of your competitors. If you work with an Intellectual Property specialist (which we would recommend) you will also need to pay the professional fees. Perform a basic trademark search online. Imagine a scenario where you lose a sale because someone has purchased from a company impersonating your business by using your mark. In the UK, the starting point is 170 for filing in one class and 50 for filing in each additional class. The symbol is typically used alongside the trademarked name to emphasize its legality. With a trademarked brand, you can establish a strong identity and credibility, which will help your marketing campaigns and drive sales. Copyright 2022 Gerben Perrott PLLC. WebWhen looking to trademark your business name in the UK, its important to select the right trademark class a selection of 45 different categories known as the Nice classification. You may attempt to directly resolve the issue with the individual opposing the registration. Its important to check existing trademarks so you dont infringe on existing ownership and find yourself entangled in legal troubles. Speak with your attorney you decide on the best course of action. Other businesses can still use it for different types of goods or services. Once your application has been accepted, it will be published in the official Trade Marks Journal for two months. These two mechanisms protect different types of assets and are structured in different ways. The first step in trademarking your business name in the UK is conducting a comprehensive trademark search. If your US registration is canceled, any countries that you have obtained a registration through the Madrid Protocol will likewise cancel your registrations. Your application will be denied if the name is too common and non-distinctive. Completely understanding the difference between these three legal protection laws is important to ensure you take the right steps in protecting your intellectual property. A trademark is a type of intellectual property that allows your products or services to stand out from those of other companies. Postal applications cost 200 initially and 50 for each additional class. The LIME ALIGNERS is under the trademark classification: Medical Instrument Products; Pharmaceutical Products; The LIME You cant really copyright a business name, since copyrighting applies to artistic and creative works. Application to transform a Madrid Check the registry of existing marks to see if yours is unique. By not trademarking your business name, you risk someone else taking it off your hands and while you can push back via unregistered rights, this is a costly process that could have been avoided by taking precaution and initially trademarking your business name in the UK. Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. However, it is your responsibility to take action and file an opposition against the mark. Early in 2021, the UK withdrew from the Once registered, the symbol shows that your brand and logo are protected. 2. If youre serious about scaling your small business and gaining market share, trademark registration is a no-brainer. It costs 170 to register a single trade mark in one class. Once registered, you can use the symbol to show that your brand opens in new window and logo are protected. The UKIPO offers a Right Start service that verifies whether your application meets registration rules. A catchy and memorable name will perfectly communicate the essence of your business. Finance is subject to status. To avoid unnecessary hassle and stress, we can streamline and systematize all communication through a single online account with the support of a dedicated trademark consultant. If you use this application method, the initial cost for trademark registration is 100 and you will pay a further 25 for each additional class. You can apply for up to six marks in a series. The situation can quickly spiral out of control. Product classes encompass everything from cosmetic ingredients and clothing to games, toys, and musical instruments. One class of trademark registration costs 170, and each additional class costs 50. It is possible to buy and sell the copyright of a business name in the UK with the right legal agreements in place. Heres a short step-by-step guide on how to trademark a name: Before starting the trademarking process, you need to elect a name for your company or LLC. If you file a trademark application before starting your business, you will be sure that its name is legally protected when you begin selling. You must weigh the potential cost of registering a trademark against the financial risk of operating without one. If a trademark search reveals an existing or similar trademark to the one you wish to register you have a few options: If a trademark has been registered in one class and your business is operating in a different class, you may be able to trademark your name in a different class to the existing registered trademark. Make sure to choose all relevant classes if you intend to use your brand name across several categories. During this time, anyone with an existing similar mark will be notified of your registration. You can register on the U.S. Patent and Trademark Office (USPTO) website www.uspto.govwithout a legal representative. You are not allowed to use this symbol for company and product names. The European Union also offers a one-application option. A trademark registration only protects your name in the class in which it has been registered. Once youve researched and decided on a business name, its time to apply for a trademark. You can only trademark and use a business name that has not been previously trademarked in the same industry. Applying online to register a trademark is the cheapest option. To trademark your business name in the UK, you must first learn whether your trademark is eligible by checking your name against government guidelines. The most cost-effective way to register a trademark is online. An examiner will review your application. Each business has to restrict the use of their respective trademark to the class they registered in. You can either withdraw the application, defend the application, or try to directly resolve the issue with the person raising the objection. Your trademark must be unique so regular names can be tricky. Once your trademark has been registered, you can take legal action against anyone who uses it illegally. Trademarks are an expression of intellectual property, declaring ownership of something to a particular person, company or source. Trademark Attorneys Serving Clients in 50 States and 30+ Countries |, Odell Beckham Jr. Sues Nike for Breach of Contract. Feel free to contact BBCIncorps customer services for advice on your specific cases. This guide is for small business owners exploring trademark registration in the UK. TM4. When registering your trademark, you will be asked to specify a class where you want to record your product or service. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved. 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