For SMEs that are just starting out, the benefits of trademarks and the value that they possess is not to be ignored. Businesses that are keen to make their mark on a particular industry can use trademarks as a way to distinguish themselves from their competitors.
Once a business has established its trade mark it will then need to register it and this blog offers business owners a definitive guide to doing so.
What is a trade mark?
Anything that can be represented graphically and can distinguish one business’s goods and services from another can be defined as being a trade mark. This can include words, letters and numerals and even designs like logos or pictures.
Trade marks can be registered with the Intellectual Property Office and those which are will subsequently be made identifiable with this symbol ®. It is an offence for businesses to use this symbol if their trade mark has not yet been registered.
Complications when registering your business name as a trade mark
Even if your business name is registered as a company name with Companies House, there are certain circumstances in which it will not qualify as a trade mark. These may include:
- If your company name is not distinctive enough.
- The name includes the geographical location of your business or uses words that describe the type of business sector that your company operates in.
- Somebody else has already registered it as a trade mark.
The process when you submit an application to the IPO
There are three main stages included in the process of registering a trade mark that are as follows:
- Data capture - The IPO will check your application to make sure they have all the required information, and contact you if there are any problems. Your application details will then be 'captured' on their database and you will receive a filing receipt and application number within a few business days.
- Examination- You application will be sent to the IPO's examination team, who will check your trade mark to see if it is acceptable and identify any earlier trade marks that potentially conflict with yours (for example, trade marks that are the same or similar to yours, for similar goods or services). The IPO will send you an examination report within 20 days of receiving your application.
- Publication- Your application is published in the IPO's weekly Trade Mark Journal. Once published, your application will not proceed any further for a period of two months, during which time anyone can oppose it. This publication period can be extended to three months by anyone considering opposition.
Reasons for registering a trade mark
- You can sell, franchise or license a registered trade mark to others.
- You can use your trade mark as security for a loan (mortgage your trade mark).
- Using the ® symbol alongside a registered trade mark may deter people from copying your business identity or brand.