FAQs
What is a trademark?
By definition, a trademark is a sign, capable of graphical representation that has the ability to distinguish one person’s goods and/or service from another’s. But what does this mean? Let’s explore a practical example:
Company A has a trademark registration for RED BUS in relation to articles of clothing; footwear and headgear.
Company B wants to register their trademark OLD RED BUS in relation to football t-shirts.
By virtue of the earlier right, the owner of RED BUS can stop Company B from using their trademark if they deem that it is too similar to their own mark and that there would likely be a confusion on the market as to the origin of those goods.
Trademark rights are put in place to avoid that confusion. If you are a brand who takes pride in the quality of your goods and services to your customers, you do not want someone else copying it to piggyback off from your ideas and the goodwill that is instilled in them. ProtectTM it!
I have marked my website with the (c) copyright label is that not enough?
Whilst copyright protection does afford you some protection against third parties who copy your work in whole or a substantial part: for example, in a logo that you are using. You are not however protected for any misuse of a word or phrase that you use in the course of your trade or that forms part of your ongoing business. In fact, should another party appropriate such a mark and register it ahead of you, this can sometimes prevent you yourself from using that trademark. There are of course exceptions to this, therefore should you find yourself in this situation please get in touch – we may be able to help you!
Why do I need a trademark, my company is registered with Companies House?
Unfortunately, a Companies House registration does not grant you trademark rights to a name. In fact, should you use a registered trademark as a company name, you can be made to rename the company if it infringes the rights to a registered trademark.
How long will it take to register my trademark?
A rough timeline for a UK trademark application is as follows:
Upon filing a trademark, it can take up to 4 weeks to receive an Examiner’s Search Report.
Should there be any rectifications needed in your application, the Examiner will stipulate a timeframe by which you will need to respond by.
If there are no /further/ objections your application will proceed to publication whereby it is placed on a Trademark Journal for a minimum of 2 months for anyone to inspect it. Those with similar rights will be contacted by the Examiner so they can raise any concerns or objections to your trademark application if they feel the rights to their trademark may be threatened by your application.
Should no one oppose your application after the two-month period it will proceed to registration shortly thereafter.
Should you receive a Notice of Threatened Opposition, the opposition period extends by a further month in order for both parties to resolve the matter. Should a resolution not be sought in this time and a hearing be required, this can take up to a year to conclude and there may be costs due to the party that loses.
What if my application is opposed by a third party?
Depending on the reason for the opposition, we can offer practical solutions to overcome a third-party opposition. This cannot guarantee that the third party will back away and there may be the need for a hearing either in person or electronically to resolve the matter at hand.