A trademark helps to protect the name of your product or service. If you register a trademark for your business, you’ll be able to:
- Take legal action against anyone who copies or uses your brand without you saying they can.
- put the ® symbol next to your brand - to show that it’s yours and warn others against using it.
- sell and license your brand.
Before you can get a trademark you must check if anyone has already registered an identical or similar trade mark for the same or similar goods or services.
You must also check the EU trade marks register on the European Union Intellectual Property Office website for any EU applications that were ‘pending’ on 1 January 2021. These applications have priority over yours.
How to get a Trademark
Your trade mark must be unique. It can include:
- a combination of any of these
Your trademark cannot:
- be offensive, so no swear words or naughty pictures.
- describe the product it is like the word ‘cotton’ cannot be a trademark for a cotton textile company.
- Tell lies like using ‘organic’ if they’re not.
- be too common and non-distinctive, for example be a simple statement like ‘we lead the way’
- details of what you want to register, for example a word, illustration or slogan.
- the trade mark classes you want to register in, for example food and drink services (class 43) or chemicals (class 1)
You pay £100 initially, plus £50 for each additional class. You’ll then get a report telling you if your application meets the rules.
If you want to continue, you must pay the full fee within 28 days of getting your report.