Trademark Lawyers

Our team of experienced intellectual property lawyers can help you register a trademark for your business.

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Trademark Law

Our Intellectual Property Solicitors regularly assist clients with the registration of trademarks in the UK. We can also assist, via our international network, with registration of trademarks further afield.

In the UK registration of trademarks is voluntary but advisable as it provides the owner with the exclusive use of the mark in connection with the goods or services for which it is registered. A trademark may consist of words, slogans, domain names, logos, colours, and sounds. The eligibility of the mark will depend on whether it satisfies the statutory criteria to be a trademark.

UK Trademark Eligibility &
Pre-application searches 
Trademark Registrations
Trademarks Outside UK 
IP Disputes & Infringements

UK Trademark Eligibility 

In order to be capable of registration, a logo or name needs to meet certain requirements around things like eligibility and not being overly similar to existing trade marks.

We can advise you on the eligibility of your mark and whether it would satisfy the UK statutory requirements of a trademark for registration. We can undertake thorough UK pre-application searches on your behalf to assess and advise you on any likely opposition and provide you with valuable insight, should you proceed to apply for your trademark – this is important to avoid setbacks in the application process.

To find out more about this service and associated costs, please contact us – our dedicated team is ready to assist you in safeguarding and maximising the potential of your brand.

Trademark Registrations

In order to register a mark, an application must be made to the UK Intellectual Property Office (IPO). The IPO will then assess the application to see whether it meets the necessary statutory requirements for registration.

We can file UK trademark applications on your behalf, streamlining the process for your convenience and guiding you through each step with expertise and efficiency. The IPO charges a registration fee which is separate from our fees – for detailed information regarding IPO fees, please click on the link below. 

A trademark needs to be registered against one or more classes – the classes are essentially a classification system which are used to organise and group similar goods and services to differentiate these products in a clear way. 

If your business offers a diverse range of products or services that fall into multiple classifications, it is possible to register a trademark in different classes. However, it is important you choose the correct class(es), as the trademark will only be protected for the goods and / or services covered by the class(es) that the trademark is registered against. We can advise you on the appropriate class(es) of registration – to find out more about this service, associated costs and how we can assist you in navigating the complexities of trademark registration, please contact us. 

 https://www.gov.uk/government/publications/trade-mark-forms-and-fees

Trademarks Outside UK 

We frequently support clients in registering trademarks within the UK and extend our services globally through our international network. While trademark registration in the UK is optional, it is highly recommended as it provides the owner with the exclusive use of the mark in connection with the goods or services for which it is registered.

However, as IP rights only provide protection within the countries where they are granted or registered, others may be allowed to use your IP abroad without infringing your rights if you are only protected in the UK. If you are planning to expand your business operations abroad, you should consider registering your IP rights abroad. Please do get in contact with us for further advice.

IP Disputes & Infringements

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FAQs

What are the costs involved in registering a trademark?

We will provide you with a breakdown of the fees, including application fees and professional charges for our services. More information can be found here:

https://www.gov.uk/government/publications/trade-mark-forms-and-fees/trade-mark-forms-and-fees 

Is my mark eligible for trademark registration?

For a trademark to be registered, the mark should be distinctive, not descriptive, and capable of graphical representation (amongst other things). Our IP team will advise you on the eligibility of your mark and whether it would satisfy the UK statutory requirements of a trademark.

How often do I need to renew my trademark?

Trademark renewals are typically required every ten years, and our experienced trademark solicitors will advise you on the maintenance and renewal process.

Why protect my brand / trade mark?

Registering a trademark provides you with legal rights to exclusively use that mark in connection with your goods or services within the registered classes. It offers legal recourse against anyone who tries to use your mark without permission. It also distinguishes your products or services from competitors and helps consumers identify and remember your brand.

Why carry out an IP audit?

IP audits can be hugely useful in establishing what IP is owned by a business and opportunities for business asset protection. For example:

Identify potential gaps in IP protection
Some businesses may be completely unaware that they are sitting on valuable and often unexploited IP which could lead to enormous economic potential and opportunities once discovered. For example, an IP audit could help you to identify opportunities to license your IP to third parties. If a business doesn’t know what IP it has or how to leverage it, it will be at a significant commercial disadvantage compared to its competitors.

Identifying cost savings
The maintenance of registered IP rights often comes at a cost through maintenance fees. Carrying out an IP audit will assist with identifying the registered IP which are unused, under-utilized or otherwise no longer valued.

IP audits can also help to foresee and avoid costly IP disputes in circumstances where they expose potential infringement of third-party rights.

Identifying the risks
IP audits can reveal certain risks from a legal perspective, such as:

  • Identifying contractual risks (e.g. restrictions set out in license agreements and contracts that do not capture IP ownership as intended/required)
  • Revealing IP assets which are susceptible to being extinguished. For instance, registered trademarks may be cancelled for non-use and use may be resumed in an effort to preserve the registration.
  • Reviewing operational activities to ensure the business is compliant the contracts with third parties and the use of third party IP to avoid infringement or breach of contract.

How much does an IP Audit cost?

We will be able to provide you with a fixed fee to carry out an IP Audit, we will need to find out from you about the assets you hold and understand a bit more about your business following which we would be pleased to provide a quote.

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