how to trademark a company name uk

An examiner from UKIPO will review your application and contact you within 20 days if there are any objections. If your US registration is canceled, any countries that you have obtained a registration through the Madrid Protocol will likewise cancel your registrations. Searching the UKIPO database is free, though conducting a DIY search yourself can produce limited results. The UK Deed Poll Office is not a government agency. When filing a series application, the first two trademark variations are filed at no additional cost. Known as the Nice classification, you can review the full class list at the World Intellectual Property Organisation opens in new window. Although many consider different options on how to trademark a name for free, its always best to register your mark with the USPTO. Essentially, copyright protects the expression of an idea rather than the concept itself. You can also search for symbols and phrases, returning a list of any similar trademarks and the class they are registered in. Product classes range from chemical products used in industry, science and agriculture such as adhesives and cosmetic ingredients (Class 1) through to musical instruments such as pianos (Class 15). Anyone who already owns a similar mark will be notified of your registration and can oppose it. Because the industry is filled with copies, a registered trademark allows consumers to differentiate between real and fake. You can file an application with the IPO directly through an online form, or if you are unable to apply online, you can always apply by post. Finally, youll have to consider how to enforce your trademark if it is infringed by other parties during your ownership. You will be asked to specify what your trademark is and what classes you want it to apply to. You can trademark your business name in the UK and build a brand entrenched in law. The online journal is published every Friday. Business and industry; Intellectual property and copyright; Trademarks. The UK Intellectual Property Offices (UKIPO) database opens in new window includes details of who owns a particular trademark. You should not substitute the information provided in this article for competent legal advice. All rights reserved. Im an entrepreneur by profession and an artist by passion. Also, you cannot make changes to the trademark once registered; any alterations to the copy or appearance mean youll have to start the registration process for a new trademark. WebTrademarks are signs used in trade to identify goods and/or services. When you leverage our trademark registration services, we can support you with expert advice. Copyright determines the rights people have over the original creative work they produce. In both cases, the tools available to trademark attorneys are much more sophisticated, and you can rest assured that your searches and monitoring are thorough and conclusive. The name is too similar to an existing trademark or a mark in a co-pending application. We will never ask you for money or your bank details. When applying online, business owners can trademark company names that are already in commercial use. Although this can prevent someone else from registering the same name, it cant stop them from using your business name. All Rights Reserved. Stay in the know and be empowered with our strategic how-tos, resources, and guidelines. Registering a trademark business name involves choosing the class of goods and services that you want the trademark to cover. TM4. You will need to renew a trademark every ten years in the UK to ensure protection. Youll receive a report and if you continue with the application youll pay a further 100 plus additional 25 for each class. All Rights Reserved. The best way to protect your business name is by registering it as a trademark. Postal applications cost 200 initially and 50 for each additional class. Use your trademarked business name within the first few years of registration this way you ward off potential trademark challenges or refrain from being removed from the trademark register after five years into your ownership without use. You will receive an initial report on your application within two weeks. WebApplying online to register a trademark is the cheapest available option. (UK Guide), UK Intellectual Property Offices (UKIPO) database. For as little as $250, you can register your mark and brand identity, and protect your intellectual property against copycats. [Both Opened & Unopened], What Is Content Writing? Before applying to trademark a name in the UK, its vital to check whether existing or similar trademarks exist. Failure to trademark your business could result in unlimited damage. Consider using a made-up name when considering how to trademark a name. 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. While you can search the UKIPO database for free, conducting a trademark search yourself can often produce limited results. If you wish to conduct business in Europe, consider applying for an EU trademark. Been told you should trademark your business name in the UK, but arent sure about the benefits? Perform a basic trademark search online. Trademark classes are specified by the international Nice classification system. At the end of this period, you can choose to renew your trademark. If you wind up using an already trademarked business name then you risk receiving a cease and desist order from the brand in question. Your application will be denied if the name is too common and non-distinctive. Without registering a trademark, nothing can prevent someone else from using your business name for their own line of products. 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. This free service enables you to limit a trademark search to a single country. While fees vary, you can generally expect to pay 200 + VAT for registering the trademark for multiple classes in addition to the UKIPO fees. Consider these 5 steps when registering your trademark in the United Kingdom. And why? Our team of seasoned professionals provides business owners with the information they need to protect their brands. The trademarked name must be completely unique. If youre serious about scaling your small business and gaining market share, trademark registration is a no-brainer. Many people confuse the trademark application process with the name registration process, but they are not the same. 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. Explore if changing colours, style and design of the mark is enough to differentiate it. *The UKIPO is currently not accepting applications by post or fax, but these options may be available again at a later date. There can be many issues that prevent you from registering a trademark, some common ones are listed below: You have several options for dealing with objections to your application: Ready to start your business? 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. 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. Again, it is strongly recommended that you work with a trademark attorney to complete your initial search. 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. 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. It is intended only for artistic works such as books, paintings, photographs, or music. Thanks to a bachelor in Business Administration, I'm well-versed in all things business. Youll want to make sure your company name is eligible for trademark protection, which means it hasnt already been trademarked on the Companies House database. Hiring a trademark attorney to help you with the registration process will incur legal fee costs. WebRegistering a trademark business name involves choosing the class of goods and services that you want the trademark to cover. 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. What Is a Trademark, Copyright, and a Patent? Get an uncertified electronic copy of your patent. In that case, you will need to contact the owner of the existing trademark and ask for permission to use it. At the same time, it should still be generic enough so that it doesnt limit the direction of your company. Check the registry of existing marks to see if yours is unique. If you change any aspects such as typeface, colour or design youll need to make a new application. If you leave your business name unregistered, your competitors can take advantage of the reputation that you have already built for your company. Notice of Opposition: 100-200 ($132.84-$265.68) depending on the grounds for opposition. Trademarking a business name in the UK doesnt have to break the bank. It prevents other companies from using your business name. It costs 170 to register for a single class. Trademarks and copyright are both designed to protect your intellectual property. 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. WebCommon Government Fees for Trademark Filing and Maintenance in the U.K. The UKIPO guide to new applications is a useful resource for anyone who is filing a trademark application for the first time. Registration: How to Trademark a Name in the UK. The first step in trademarking your business name in the UK is conducting a comprehensive trademark search. The symbol is typically used alongside the trademarked name to emphasize its legality. If your business is based in the UK, then trademarking your business name is a vital step for preventing copycats and protecting your livelihood. You cant really copyright a business name, since copyrighting applies to artistic and creative works. If you want to distinguish and protect your company and its products from competitors, a trademark for your companys name is the answer. For example, your business sector, the type of name you have, and whether you have the time and money to file a trademark application. The Madrid Protocol is best used if you are planning to file in a long list of countries. How do I trademark my business name in the UK? 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. The name can't create a likelihood of confusion among consumers. We are here to assist in your name change journey, as we have done for over 100,000 UK residents. If you have any questions or you want to find out more about trademarking a name in the UK, contact Trademark Eagle. If you want to trademark your business name in other countries aside from the UK, you must apply through other means where the costs can vary and begin to add up. If you file a trademark application before starting your business, you will be sure that its name is legally protected when you begin selling. An examiner will review your application. The Standard application costs 170, while the Right Start application costs 200. Private trademark search firms will conduct searches Once youve researched and decided on a business name, its time to apply for a trademark. There are exceptions. The symbol should not be confused with the and symbols that dont serve the same purpose. Unfortunately, given the political uncertainty surrounding BREXIT, trademark holders would be smart to file in the UK directly as well as filing for the broader Community Trademark.. You can trademark your company name in a variety of formats, such as a standard character mark, a design mark, or a sound mark. Knowing and using your trademark protections is a critical part of your business success in the United Kingdom. In order to register for an international trademark, you must first have your trademark registered in the United Kingdom. Each class covers different industries, products, and services ranging anywhere from chemicals to musical instruments. 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. It gives your business a competitive advantage by allowing you to turn your brand name into an intangible asset. If you have any questions about registering your company or trademarking a name, please contact us at service@bbcincorp.com. The name cant be a three-dimensional shape associated with your trademark, for example, the shape of an egg if you are selling eggs. There are 45 different trademark classes: 34 40: plus WIPO fees. Start using the symbol next to your business name. How Can You Trademark A Business Name In The UK? The same applies to monitor services intended to alert you if your trademark has been used without your permission. You will be informed about the opposition by the UKIPO and the period of publication will be extended for one more month. Most objections from the UKIPO revolve around how distinctive a trademark is. If the owner agrees, you must obtain an official letter of consent and attach it to your application. If you work with an Intellectual Property specialist (which we would recommend) you will also need to pay the professional fees. Step two: choose the right trademark class, Step three: register your trademark business name in the UK, How do you check existing trademarks? Follow these tips on how to choose a name for your LLC: If you cant decide on an LLC company name or havent even started building your LLC, you can refer to credible LLC services. Make sure you register company name with Companies House before applying for a trademark. Trademarks are valuable assets. At LawBite, we charge a clear and transparent fixed fee of 395 plus VAT which covers the preparation, filing and Working with an experienced trademark attorney can help you navigate the process to trademark your business name in the UK. Once youve registered your business name with the United States Patent and Trademark Office, you may be considering international trademarks. 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 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). Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business. You can also license a trademarked name to other businesses. For a full list of our client reviews, click here. Product classes encompass everything from cosmetic ingredients and clothing to games, toys, and musical instruments. In the same way you can trademark a company name, a business can have numerous trademarks on different products, phrases, logos, and other brand-related things to protect its brand identity and intellectual property. You can register for multiple trademark classes if your product or service fits into several different categories. WebApplication to register a trade mark. Business owners without trademarks might unknowingly infringe on existing trademarks. WebFind out if you need a licence to copy a creative work. You can either withdraw the application, defend the application, or try to directly resolve the issue with the person raising the objection. Each additional class is priced at 50. When registering your trademark, you will be asked to specify a class where you want to record your product or service. Before you can trademark your name, check if its already taken. Our quoted prices include all professional and official fees with no hidden or additional costs, giving you complete peace of mind. Youll want to make sure your company British Business Bank plc and its subsidiaries are not banking institutions and do not operate as such. The more distinct the name is, the easier it will be to register it. WebFree company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity Cookies on The UKIPO website publishes a. You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. How do you trademark your business name in the UK? Monitor the use of your trademark, and respond to any opposition notices sent to you by the IPO. BBCIncorp can help you hit the ground running quickly and affordably. Check not only for the name you want but also for names that sound similar. A UK Trademark registration only protects your rights in England, Wales, Scotland, and Northern Ireland. 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. 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). We work with clients from all 50 states, and, from 30+ countries around the world. When you successfully register a trademark, the symbol will appear after your companys name and logo. Once your trademark has been registered, you can take legal action against anyone who uses it illegally. A UK trademark is valid for an initial period of 10 years and may be renewed every 10 years, for an indefinite period of time. Some attorneys will refund your legal fees if your registration is unsuccessful. Step 2: Identify your trademark. The first step is to determine how you want your mark to be protected. If your name has already been trademarked, its likely youll need to come up with a new one. One class of trademark registration costs 170, and each additional class costs 50. The trademark registration process will give you a clear understanding of what is currently protected. The quickest and easiest way to register is by going online to the UKIPO website, but you can also register via post by filling in Form TM3. You must search the trademarks database via: Or you can check the Trademarks Journal (mentioned above) to find ongoing applications and amendments. While there is no legal requirement forcing you to trademark your business or brand name, it provides critical legal protection. [Ultimate Guide for 2022], Helps to distinguish a service or product from its competitors, Protects original work that is usually creative or intellectual, Grants exclusive right to exploit, scale, and market an invention, Examples: Words, names, logos, slogans, phrases, symbols, and colors, Examples: Art, photography, music, books, films, Examples: Technologies, musical devices, and appliances, Applications at the U.S. You must weigh the potential cost of registering a trademark against the financial risk of The USPTO provides strong trademarks on a federal level that can be used for your common-law rights, guaranteeing a legal and credible trademark for your company name. Get a licence to play live or recorded music. Consider the Madrid Protocol or an EU Registration. Its important that business owners understand that registering company names is different from trademarking them, as registering your business name doesnt protect it against theft or competitor misuse. 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. When registering a trademark, you must specify the classes of your product and/or service. MM2. You should provide a business or PO Box address if you do not want your home address to be public. For example, you cant register the word MILK for a range of milk drinks or WINDOW CLEANER for a window cleaning service. Great news. Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. Trademarking a business name in the UK doesnt have to break the bank. You can also use it for any goods that fall into the applicable category (es). While trademarking your business name in the UK can be a long and laborious one, if youre a growing brand then protecting your assets under the law is certainly worth the hassle. You cant be too literal or descriptive when looking to trademark a name. Take legal action against anyone who uses your brand name without permission. ATTORNEY ADVERTISING. They are not authorised or regulated by the Prudential Regulation Authority (PRA) or the Financial Conduct Authority (FCA). British Business Bank plc is a development bank wholly owned by HM Government. Also, any application filed through the Madrid Protocol would be completely dependent on your US trademark being registered (and maintaining that registration). The symbol is used exclusively for unregistered trademarks. As a small business owner, these are essential questions to ask yourself. From this point, you have two options: obtain a letter of consent from the holder of an existing trademark stating permission to register your own or continue your search elsewhere and use a trademark attorney to lend a helping hand. When applying to a CTM, registrants pay only one fee, instead of a fee for each individual country, making it a cost-effective way to register in Europe. A series of trademarks allows only minor differences between marks. It can be challenging to manage international trademark filings, especially if you are trying to register in more than one foreign country. You can expect the entire trademark registration process to take around four months if there are no objections. Overview of getting trademarked in the UK. Prepare An Application. This will only cover the UK once granted. To find trade mark applications accepted in the last week, check: Intellectual Property Offices online trade marks journal - for UK trade marks and If the attorney is helping you with the trademark search, you will have to pay around 100 +VAT for this service. Feel free to contact BBCIncorps customer services for advice on your specific cases. If there are no objections, your application will be published in the Trade Marks Journal opens in new window for two months. The UKIPO will then issue a certificate confirming your trademark registration. Once a trademark is registered, it must be used commercially. Learn about, search or apply for registration. WebOverview. Lets have a look at how registering a trademark works in the UK and what steps you need to take to obtain a trademark certification. A special mark is allocated to a specific product, logo, or name that identifies it as unique to a specific business. Call us on 44 (0) 1223 208 624 or email You can register your trade mark to protect your brand, for example the name of your product or service. You can defend your application. For instance, you cant copyright a business name, since copyrighting refers to the protection of artistic work. Youll need to keep a watch on other unauthorised uses of your trademark. However, not all names can be trademarked. 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. It is important to note that trademark search software or websites offered for free to the public are not comprehensive enough to detect all similar marks. It only shows that you have registered your company name with Companies House. WebThe simple 5 step process to register a trademark in the UK. Applying by post costs 200 to register for a single class. Once your application has been accepted, it will be published in the official Trade Marks Journal for two months. What are the next steps once youve registered your trademark? To help you differentiate between the three, heres a short summary of each: To protect your intellectual property and guarantee someone doesnt steal your work and claim it as theirs, you have to ensure you apply for the right kind of legal protection, whether its copyrighting or trademarking company names. You will pay 50 for each additional class.*. Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business opens in new window. This not only adds a level of validity to your potential customers, but it also puts the general public on notice for using the mark without authorization. Should I Trademark My Business Name? In addition, be sure to renew your trademark by the deadlines set by the IPO. The Madrid Protocol allows trademark owners to complete a single application which can then be applied to over 90-member countries, including the United Kingdom. However, the current trademark owner would be notified and could oppose your registration. Are you ready to explore trademarking a business name in the UK? 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. To protect the unique elements that identify your brand, you must consider trademarking your business. The symbol can be used only for registered trademarks. How much does it cost to trademark a business name? It costs 50 for each additional class if you pay up front. 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. Start by defining your product or service, If you have trouble finding the appropriate class, you can use the. With this in mind, we can cater to budgets of all sizes and recommend specific strategies to best protect your interests. The process of registering a trademark for your company name is quick and easy, as business owners can file an application online in less than 90 minutes. 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. Here are the steps on how to find out if a name is trademarked: When there arent any similarities, you can continue on to the application. Alternatively, you can browse through the UK Intellectual Property Offices (UKIPO) database - which enables you to search for symbols and phrases. 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. Use this where ever your business name appears, as well as any other trademarks you may have registered, including logos or slogans. Infringement is usually handled under civil law. Application to transform a Madrid Public Search Facility. You can register on the U.S. Patent and Trademark Office (USPTO) website www.uspto.govwithout a legal representative. Learn more about what to look out for andhow to protect yourself. Because trademarks are registered to a specific class, different businesses can have the same trademark name if they belong to different classes. The name cant be descriptive of the goods or services you provide. May 2022. Contact us today for a free consultation with a trademark attorney. They may find that your chosen trademark is too generic or too descriptive, or the name may be deemed offensive, for example. Make sure to pick the relevant class for your business name because different businesses can register the same trademark under different classes. You can get some trademark protection simply by including a logo and slogan in your business name, but the best protection comes from registering your mark with the UK Intellectual Property Office (IPO). Trademarking a name refers to a legal process that ensures your company has a logo, phrase, symbol, or design that distinguishes it from competitors. To differentiate between an authentic trademarked product and a replica is easy, as fake logos, slogans, phrases, business names, and products will typically showcase some or all of the following: Here are some tips on how to check if a name is trademarked: A companys business name refers to the name used in trade. 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. WebHow much does it cost to trade mark a name for your business? One of the most exciting aspects of starting a new business is coming up with a unique business name. Your trademark does not expire, but renewals occur every ten years. Searched for a trademark and found it is already in use? Once registered, you can use the symbol to show that your brand opens in new window and logo are protected. You should register a trademark as soon as possible to avoid potential trademark infringements and having to change the name at a later date. Registering or owning a domain in your company name, while still important, affords no extra legal rights stopping someone from using a similar name or logo. Service classes range from education including animal training (Class 41) to food, drink and hotel services (Class 43). Copyright 2022 Gerben Perrott PLLC. A ruthless competitor may decide to steal or copy your intellectual property by producing a distinctly similar logo that confuses customers to the extent you lose sales. Copyright 2023 MicroStartups.org. Your business name is overly descriptive or lacks distinctiveness. It is a company limited by guarantee, registered in England and Wales, registration number 08117656, registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Even if you find that a trademark with the same or a very similar name is already registered, you still have a possibility to register your trademark. It is often advantageous to make changes to your United Kingdom trademark before filing. 1. To ensure their companys name and brand are legally protected, business owners are encouraged to trademark them. Have you checked your business name meets the given criteria and know which classes you want to register for? Your brand name cant indicate geographical origin. When 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. If the examiner has no objections, the registration will go to publication. The European Union also offers a one-application option. Postal WebCommon trademarks include business names, logos, and slogans. Costs of Trademarking a Name. After your trademark application is filed, you can expect approval within 12 weeks. If it hasnt, its worth considering whether you want to trademark the name so no one else can use it. 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. A registered trademark is valid for ten years. A trademark registration only protects your name in the class in which it has been registered. This covers words, logos, 3D shapes, sounds, colours, images, moving images. If there are no oppositions, the IPO will issue a Registration of Certificate. Each class lists in detail what is included and importantly what is excluded from each class. Registering your trademark with the UKIPO provides protection in England, Scotland, Wales, and Northern Ireland. Before applying to trademark a name in the UK, you must check whether existing or similar trademarks already exist. [Step-By-Step Guide], Forex Trading Taxes [Comprehensive 2022 Guide]. However, it is your responsibility to take action and file an opposition against the mark. Trademarking your company name is not legally required, but if you want to scale your business and ensure your intellectual property is safe, its advised to find out how to trademark a company name. 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. However, there are many doubts and ambiguities around trademarking a company name and whether or not its actually necessary or beneficial. But how do you go about checking existing trademarked business names in the UK? Many business owners start exploring the trademark process even before creating a company. Once your trademark has been registered with the IPO, you can begin using the symbol. Should I trademark my business name UK? Once published, anyone can object to the application such as a similar business with an unregistered trademark. While the Madrid Protocol may lower the initial cost of the application process, it does not speed the process to register, especially in the UK, which currently has one of the fastest registration processes. You may notice other websites claiming to assist you with a do-it-yourself approach to filing, but the savings by going DIY may cost you more in the long run. It is the responsibility of the trademark owner to oppose the mark during the publication period. Use our answers to these frequently asked questions to guide you through trademark registration. Note your application will first spend two months in the Trademarks Journal, during which anyone including businesses with similar unregistered names can object to the trademark of your name. You can use the registered trademark symbol! I do business to pay the bills and make music to bring the thrills. A good sense check is to identify the elements of your brand that are unique to you. The Madrid Protocol allows trademark 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. Well, the process is rather simple. Individuals who are not notified also have the right to object to your trademark registration. It gives you permission to use the symbol following your companys name, thereby adding credibility to your brand. To do this, you can carry out a trademark name search of the UK Intellectual Property Office (IPO) database through the government website. Before applying, you should take your time and do your research. A trademark registered with the United Kingdom will provide protection in England, Scotland, Wales, and Northern Ireland. With a trademarked brand, you can establish a strong identity and credibility, which will help your marketing campaigns and drive sales. Each class covers different industries and products. Trademarks successfully protect elements such as a brand name, logo, or slogan. Work with an attorney to complete a comprehensive trademark search and file your trademark. With extensive experience delivering global intellectual property services, iGERENT can guide business owners through the intricacies of trademark registration and any potential obstacles that may arise. With our article, you can learn more about what a trademark is, why you should trademark, and how to register and trademark a business name in the UK. 1. 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. You have two months to respond to any objections raised at this point. This allows you to distinguish your ideas and services from those of another. Not using the trademark in a five-year-period can leave you open to having the trademark challenged and removed from the register. Early in 2021, the UK withdrew from the You are not required to trademark your business to operate or register as a legal entity, but its a lot harder to make a case against copyright infringers without a registered trademark. Without a trademark, someone else could register your name or logo as their own, which could force you to rebrand your company. Loans are strictly for 18s and over. This process may incur additional legal costs. Now that you have an application, you must provide proof of ownership by submitting documents showing how long youve used the mark in commerce. Before submitting the application, you will have to pay the processing fee. 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. 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. The symbol stands for copyright. 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?. Business names that are made up are usually a good alternative. Using this knowledge, you can make informed decisions about protecting your IP. Youll need to renew the registration every ten years, but you wont need to make a fresh application. It costs 170 to register a trade mark in one specific class electronically, but if you wish to send in your registration Its important that you pick the relevant class for your business when you trademark a name. A catchy and memorable name will perfectly communicate the essence of your business. If problems are flagged, youll receive detailed objections, in which case, you will have two months to resolve those objections. This could avoid any lengthy opposition proceedings in the future. If youre still unsure on how to trademark a business name, consult a registered agent for guidelines on how to form an LLC and trademark products and brand names. This For large corporations, they are practically priceless. Once registered, you can use the symbol to show that Whether or not you should register a trademark is determined by a number of factors. Expect the process to take around four months in total if there are no objections. Disclaimer: iGERENT provides access to independent attorneys and independent professionals based locally in the countries in which you require services. This process takes approximately six months. On average you can expect to pay less than 1000 and then be subject to renewal fees after an initial ten years from registration. 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. If you continue with the application after receiving the report, you will have to pay an additional 100 and 25 for each class. Most trademark disputes arise, not from exact matches to a mark, but to marks that may provide a likelihood of confusion in the marketplace. However, if you are unable or unwilling to trademark your business name, there are still other ways to protect it. It enables you to apply for international trademarks and expand your business internationally. A trademark is far more specific than copyright. (And what to do next). License the trademark name to other businesses to set up a franchise, for instance. What are Business rates and how can I reduce them? 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. Can You Add Goods and Services to a Trademark Registration? Begin the search by typing your search terms into an online search engine such as Google.com. Copyright Office, The business has a fake website and/or social media pages, Not all accessories are included as with the original, Pick a name thats easy to remember and to, Pick a name thats all-inclusive and that will, Choose a name that describes your business product or service, Search for similar names on the federal database as well, because your application can be denied if its too similar to an already-existing name, Provide information on the legal entity and citizenship of the applicant, For future correspondence and communication, provide contact details, Name, logo, slogan, phrase, or symbol that needs to be trademarked (if its not just a written name, the, A detailed description of the company name, logo, phrase, or symbol, A list of all goods and services that should be covered by the trademark, Provide an example of the mark that is currently in commercial use as well as the date it was first used on, Signature of applicant or authorized representative, Consult with a registered agent if you arent sure on how to trademark a company name, Business owners can trademark their company names in less than 90 minutes on the U.S. Patent and Trademark Office (USPTO) website, Pick a company name that isnt already in use or thats not similar to a competitors, Gives legal rights and advantages in federal court, Copyrighting company names arent the same as trademarking, Legal right to use the registered trademark symbols and , Ability to register in foreign countries using U.S. priority date. Your trademark is registered for non-business purposes, File a hearing request if you believe your application was not fairly evaluated, Provide additional proof of the legitimacy of your trademark request, Your application may be eligible in some classes but not others, you can request that the registration be divided so that the process can continue in accepted divisions, Seek assistants from professional advisors, Speak with the person making the opposition. Trademarks are often immensely valuable assets. Applying by post costs 200 to register for a single class, and 50 for each additional class. WebCheck the trade marks journal. You must apply for renewal within six months of the trademarks expiry date, otherwise, you will have to start a new application process. A federal trademark registration proves that the mark is valid. This is particularly important knowing that most trademark disputes dont arise from exact name matches, but from marks with confusingly similar names. Do you need to trademark your business name in the UK? Names that describe the goods or service, or that are a characteristic wont be allowed. Join the thousands who have trusted the UK Deed Poll Office to help change their name. You will be given two months to resolve the issue. If your trademark has several similar versions, you can apply for a series of trademarks. 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. 2. Additional trademark registrations, up to a maximum of 6, cost 50 each. This means the following actions dont count: On the other hand, by trademarking your business name, you can protect your brand identity and invest in the future of your business. Once you receive your Certificate of Registration, it is up to you to maintain it. It costs 170 to register a single trade mark in one class. Write to the owner asking permission to use the trademark. The first step in trademarking your business name in the UK is conducting a comprehensive trademark search. 200. 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. For instance, if you register a Private Limited Company in the UK, it is illegal for another company to use your business name. WebYour name and address, and the other information you provide, will be available to the public. Registering a trademark may seem like an unnecessary hassle. They must all look, sound, and mean the same. You can search for existing and expired trademarks either by trademark number, owner, keyword, phrase, or image. If the name is too similar to one already registered in the same class, your registration may be denied. 3. The main purpose of a trademark is to protect a product, design, or phrase against consumer confusion. 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. Now you need to apply through the UK Intellectual Property Office. This will offer sufficient protection for as long as the trademark is actively used and renewed. 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. Applying online to register a trademark is the cheapest option. How Long Does Perfume Last? Can You Sell a House With a Mortgage in 2022? Fill out our fast, simple, and affordable online application to receive your Deed Poll in no time! If you are selling goods that are not organic, your brand name cannot contain the word organic. Brands such as Nike, Microsoft and Kodak are all fictional names that allowed them to be successfully established as a unique, trademarked business name. 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. Register an International Registration. It is possible to buy and sell the copyright of a business name in the UK with the right legal agreements in place. This option will give you broader protection and allow you to use your trademark in many different ways. If you are trademarking a symbol, it must not look like any existing state symbol including flags and emblems. Speak with your attorney you decide on the best course of action. In the United Kingdom, it is possible for a confusingly similar mark to be registered while yours is in use. In the section below, weve summarized a 5-step guide to help you get through the process smoothly. 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. Thinking of trademarks, youll likely picture the Nike tick or Coca-cola brand name, but various things can be registered as a trademark, from catchy tunes to Viennetta swirls. 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. Similarly, if you extend your brand into a different trademark class, youll need to apply for the trademark to be valid in that class. Often used interchangeably by mistake, trademark, copyright, and patent are three with completely different meanings. Get helpful tips and info from our newsletter! If your company or products have a unique name you dont want anyone to copy, its in your best interest to follow the steps on how to trademark a business name. The trademark must remain the same as it was when you registered it. If no objections are issued, your trademark application will be accepted and subsequently published in the UK Trade Marks Journal. Trademark Attorneys Serving Clients in 50 States and 30+ Countries |, Odell Beckham Jr. Sues Nike for Breach of Contract. How Much Does it Cost to Trademark a Name? You could, for example, use the exact same word in different fonts, words in upper and lower cases, and names with slightly different spellings. 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. 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. When applying online, business owners can trademark company names that are already in commercial use. Here are 5 benefits of trademarking your business name. Finance is subject to status. The intricacies of international trademark registration can vary depending on the size of your business. Thought up a killer business name worth protecting? Trademarks can last up to 10 years, after which they should be renewed. WebProtect Sales: Registering your business name for a trademark protects your sales by preventing consumer confusion. It costs 170 to register online for a single class, with each additional class priced at 50. 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