Registered Trademarks

WHAT IS A TRADEMARK?

The 1994 Trademarks Act defines a trademark as being any sign which is capable of being represented graphically and which can in the course of trade, distinguish the goods or services of one undertaking from those of other undertakings. Such signs may include words, including personal names, designs, letters, and the shape of goods or their packaging.

ARE ALL TRADEMARKS REGISTRABLE?

No. Because of the statutory monopoly granted in a registered mark, it would not be right to allow registration of marks which are, or are confusable with, words/symbols which other traders or providers of services should be free to use in the normal course of their business in relation to the same goods or services. Nevertheless, some such words/symbols may be registrable if it can be established that through use of them as trademarks they have in fact become recognised as marks which distinguish one person’s goods and services from those of other traders.

Also a trademark may not be registered if it is identical with or similar to, a mark already on the register in respect of the same goods and services, or similar goods and services.

WHAT RIGHTS DO REGISTERED TRADEMARKS BRING?

The right to use the trademark in relation to the goods and services for which it is registered and the right to take legal action against others who might be infringing the registration by using the same or similar trademark on the same or similar goods and services for which the trademark is registered.

HOW IS REGISTRATION IN THE UK OBTAINED?

First, the application for registration is filed at the Trademarks Registry, a branch of the Patent Office. The application is then examined to ensure the trademark meets the requirements of the Trademarks Act 1994, i.e. that it is distinctive, not deceptive and does not conflict with existing registered trademarks. If objections to the trademark are made, the applicant may present arguments in support of his case in writing or at an oral hearing before a senior official of the Trademarks Registry. If the trademark is accepted for registration, it is published in the Trademarks Journal to allow others to oppose registration - if there is no opposition the trademark is entered on the Register.

HOW LONG DOES IT TAKE?

On average, an application for registration of a trademark will be examined within three months; applicants then have three to six months to either overcome any objections or put the application in order. The application will be published within three months of acceptance then, assuming no opposition, the trademark will be entered on the Register and a registration certificate issued. Overall the Trademarks Registry aims to register trademarks within two years of receiving the application.

WHAT WILL THE TRADEMARKS REGISTRY CHARGE ME?

An application fee of ₤225 is payable. This covers one class of goods or services. For each additional class for which registration is sought a fee of ₤125 is payable. These fees became effective from 31^st October 1994. A full list of current trademark fees can be obtained from the Trademarks Registry.

Date: 2015-12-24; view: 838