The most effective way for a firm to defend itself from a rival using its brand unfairly or illegally is to register its company, brand, or product name, logo, slogan, or other trademarks. A trademark may be legally protected in other contexts, such as passing off or copyright, but registering a trademark offers a number of important advantages.
When a trademark application is submitted, the application’s information is retained on a central register, a publicly available database. The majority of firms do “clearance” searches to make sure that there won’t be any trademark conflicts before deciding whether to choose a new trademark. This will likely alert any third parties that might unintentionally use the trademark. Unlike other forms of intellectual property protection that “expire” after defined terms, registered trademark protection can be maintained indefinitely by paying renewal fees on the relevant dates.
Steps before Registration
It is crucial to research whether a similar trademark already exists or has been registered before adopting one. This will enable you to ascertain whether your preferred trademark is acceptable for use and is eligible for registration. It is always advisable to undertake trademark research prior to adopting a new trademark or brand name. In fact, it is far more useful to incorporate this search process within the due diligence process associated with creating a new name or logo. In order to ascertain whether any registered rights for identical trademarks covering the same goods or services exist, a UK clearance search is a search of the UK, European Union Trademark (or “EUTM”)*, and international trademark registers. If true, this might lead to more legal challenges.
Before beginning the registration process, the applicant must consult the UKIPO’s trademark database. The applicant can seek the assistance of a trademark lawyer for the purpose of performing a trademark search in order to receive a thorough trademark search report that would identify any trademarks that are confusingly similar to the applicant’s mark.
If the applicant is aware of the several trademark classifications, they can register a trademark efficiently.
To choose the appropriate trademark class for his mark, one must be familiar with trademark classes.
The owner can proceed to submit an application for trademark registration once the trademark search and trademark class selection are finished.
What is the time frame for trademark registration?
In the UK, trademark registration can be completed in as little as 3 to 4 months, but only if the UKIPO or any third parties do not object to your mark. If there are any objections raised, the procedure of trademark registration can take some time. However, typically speaking, it can be finished within six months of the application date.
The registration process is intricate and has several parts that take time to complete correctly. A trademark registration is a legal process that must adhere to all UK trademark regulations, unlike the registration of business names, where the only obligation is to check for names that are similar to yours.
A strong monopoly is provided by trademark registration, and you have the option to renew your trademark every ten years. The UKIPO is unable to take any rash conclusions because it pertains to such important matters for your beneficiary. As a result, trademark registration is highly competitive and calls for a lot of patience on your part to achieve better results. Without a doubt, trademark registration is a quick and effective process that can help you in the long term. It is therefore advised that you register your trademark as soon as possible.
Your company goals may be hampered by the registration process, so it would be advantageous if the trademark is registered before the introduction of the product.
The Appropriate Moment to Begin a Trademark Registration
To be precise, there is never a good time to begin registering your company’s trademark. In the ideal scenario, we advise securing your business name even before the start of your venture, but if this window has passed, you must register your business name as soon as feasible.
Some people could believe that postponing the registration of business names is acceptable and that there won’t be any issues in the future, but this is quite dangerous. You should register the business name immediately and without further delay. Trademark infringement can easily affect company names.
It is true that as soon as you choose a unique business name, you have the rights. However, if you didn’t register, you wouldn’t be able to show your case if a dispute arose.
Many businesspeople believe they would wait to register their company after they start to see a profit, but this can be a risky move on your part. Anyone can register a trademark, regardless of how successful their firm is or whether they are just starting out. You don’t need to be a successful businessman to achieve this.
The article to determine the costs is accessible here:
Trademark a Name in a Remarkable Way in the UK; Costs
Defending a Trademark from Infringement
It’s crucial to register your company name as a trademark in order to prevent trademark infringement. It will prevent anyone from stealing your work and let people know that your company name is protected by the law.
You must first determine whether your company name meets the requirements for trademark status. The second thing you should do is search your neighborhood for marks that are comparable to yours. If any identical marks are discovered, you should consult a trademark lawyer to determine whether it is safe for you to move through with trademark registration. When you wish to register the company name as a trademark, these are the initial steps.
You can submit an application to the UK Intellectual Property Office once you meet those requirements (UKIPO). After you submit an application, there are numerous more processes, such as trademark, examination report, opposition response, etc. If you successfully complete all of these stages, trademark protection will be given.
Because your trademark will be the public’s first introduction to your company, choosing a strong business name early on is essential to the success of your registration. The following categories can be used to classify strong marks:
- Generic words
- Descriptive trademarks
- Arbitrary trademarks
- Fanciful Trademarks
Final Words
The length of time it takes to register a trademark depends on whether objections are raised. Simple trademark applications in the UK take three to five months to be registered. Simple trademark applications with the European Union are typically submitted in six to nine months.
For more details on the UK trademark requirements for business names, see this article.