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The easiest way to stop a competitor using your name or logo is to trademark them.
Benefits of registration
Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers.
If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. Note that using this symbol for a trade mark that is not registered is an offence.
A registered trade mark:
- may put people off using your trade mark without your permission
- makes it much easier for you to take legal action against anyone who uses your trade mark without your permission
- allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark
- is your property, which means you can sell it, franchise it or let other people have a license that allows them to use it.
Protecting unregistered trade marks
If you don’t register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off.
To be successful in a passing off action, you must prove that:
- the mark is yours
- you have built up a reputation in the mark
- you have been harmed in some way by the other person’s use of the mark.
It can be very difficult and expensive to prove a passing off action.
If you register your trade mark, it is easier to take legal action against infringement of your mark, rather than having to rely on passing off.
Initial questions to ask yourself
- Does my proposed trade mark distinguish my goods and services from those of my competitors? If not, you won’t be able to register it.
- Does my proposed trade mark describe my goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of my goods or services? If so, you might not be able to register it.
- Is my proposed trade mark customary in my line of trade? If so, it may not be capable of registration.
- Is my proposed trade mark distinctive? If not, it may not be capable of registration.
- Is my proposed trade mark offensive or against the law? If so, you won’t be able to register it.
- Is my proposed trade mark deceptive? There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.
- Should I trademark my name or my logo or both?
- Is anyone else using my proposed trade mark? Search online for free at http://www.ipo.gov.uk
How much does it cost?
It costs:
- £170 to apply to register a UK trade Mark if you apply on-line (£30 discount applies for on-line filings). This includes one class of goods or services. It is a further £50 for every other class you apply for.
- £200 to file using the Intellectual Property Office Right Start Service. This includes one class of goods or services. It is a further £50 for every other class you apply for. The main benefit from this service is that only half the total fee is payable at the time of application. Once you have received our examination report you may either abandon the application or proceed by paying the remaining balance.
- £200 for all paper filed applications; this includes one class of goods and services. It is a further £50 for every other class you apply for.
- Renewal fees are payable every 10 years if you wish to keep your trademark in force.
The application fee cannot be refunded for any reason and you cannot alter your mark after you apply. This is why a lot of people choose to engage a trademark lawyer to assist with the clearance and application process. Lawyers4mumpreneurs fees are very reasonable for this assistance and we are pleased to offer you a free initial consultation to discuss your requirements and provide you with free initial advice. Please email us at support@lawyers4mumpreneurs.com to arrange your consultation.
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