Applying to Register a Trade Mark in the UK, EU or USA
. If you have a product or service logo or design that is legally protected as a Trademark, you can challenge other persons who may wish to use your ideas without your permission. It also gives you a sense of security from being robbed of the time and energy utilised to conceive the perfect design to represent your products and services. You may spend a lot of money marketing your brand. If someone uses your trade mark without your consent they are benefiting from your investment. You may be able to take action on the basis of an unregistered trade mark if it has come to represent the goodwill and reputation of your business. But it is far easier and cheaper to stop misuse if you have a registered trade mark.
European Community Trademark Registration. The European Community mark, unlike the National system, offers with one single fee and filing simultaneous and uniform protection in all of the 25 countries of the European Union. This provides significant savings over the previous system, which required filing country by country and of course the multiple filing fees. Trademark registration typically follows a full search of a chosen name. The full search is highly recommended; it is a comprehensive search that attempts to ensure that the chosen name is available.
A UK trade mark registration will provide you with the exclusive right to use your name in the UK on the categories of products and services for which it is registered for a period of 10 years with the right to renew thereafter. You will be able to prevent others from using your name quickly and cost-effectively. You will protect your business, its goodwill and reputation. You can also protect your name throughout all of the Member States of the European Union as a Community Trade Mark with just one application. This triggers applications in each of the Member States and aims to give you Pan-European exclusive rights. We can guide you through the trademark registration process at reasonable cost.
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Further information
When considering UK trademark registration it is important to understand that the concept of trademark protection extends to the provision of services as well as goods and brand names. If you do not register a trademark it is easier for competitors to use a brand name or business logo similar to your own, meaning that they can reap the benefits of your hard work. However, the problem is not only caused by those actively seeking to steal copyright. If you do not possess a trademark, infringement may occur innocently. Whilst you or your company has the natural right to copyright in law, legal action to prevent such an infringement - known as passing off - can be expensive and time consuming.
If you have a product or service logo or design that is legally protected as a Trademark, you can challenge other persons who may wish to use your ideas without your permission. It also gives you a sense of security from being robbed of the time and energy utilised to conceive the perfect design to represent your products and services. This trade mark registration site is dedicated to helping you register your trade mark and all aspects of trademark law and brand protection. We provide full support on all trademark and brand protection matters, including: Trade mark registration services in the UK, Europe, and internationally, Name availability searches, Legal advice on trade mark conflicts, Advice on name and brand hijacks, Assistance in domain name disputes, Support for new product development, Advice on brand protection strategies, Name creation services.
Trade marks protect your business name, product names, domain names, logos and slogans. The decision to Trademark is likely one of the most important business decisions you will make. We would be pleased to assist you with the complex trademark registration process. It is what we do best. Owners of registered trademarks have the ability to prevent their competitors from using their registered trademark. Registering your trademark can also legally prevent others from acquiring trademark rights in your trademark, and from claiming that you are infringing their trademark rights. We can assist you to secure USA trademark protection at either State level (for localized small businesses) or at Federal level (for businesses operating across state lines.
When people say that you need to trademark, they generally mean that you need to file a trademark application with the US Patent and Trademark Office (USPTO). While mere use of the word or logo without registration is enough to create common law trademark ownership rights, those rights only extend to the geographical area where the trademark is being used. A federal trademark registration is much stronger protection because it provides national protection.
When considering UK trade mark registration, it is important to understand that the concept of trade mark protection extends to the provision of services as well as goods and brand names.
A trademark is a sign or text capable of being represented graphically and which distinguishes goods or services of one business from those of another. A trademark may consist of words, designs, logos, or combinations of letters and/or numerals. It is also important to realise that some words or phrases would not be considered suitable for registration as trademarks, such as those, which are entirely descriptive of goods or services. When you register a trademark in the UK, the process is completed through the UK Patent Office, giving the holder of the trademark far wider protection, and making any infringement much easier to deal with.
There are two stages involved in the process: a formal trademark search, and the full trade mark application. The formal search will investigate to ascertain if there are any existing identical or similar trade marks registered in the same or similar class of goods and services, or whether there is any reason why the trademark might be unacceptable under the terms of the Trademarks Act 1994. The application stage generally takes around six months to complete. Once a trademark application has been accepted by the Patent Office, it will be advertised in the Trademarks Journal, which is published every Friday on the Patent Office web site.
The Journal advertisement will last for a period of three months, which allows any interested parties with justifiable cause the opportunity to oppose the registration of a trade mark. Opposition is a legal procedure, which allows anyone to try to stop the registration of a trademark. They may only do this by filing the appropriate documents with the Patent Office. Trademark registration is the most comprehensive protection that can be obtained to protect your business name, brand name, company logo or slogan. When a trademark has been registered on the UK, it will remain there for 10 years, and can be renewed every 10 years thereafter.
The registration can last indefinitely if the registration is renewed at the appropriate time. Before an application is filed to register trademark it is essential to ensure that your proposed trademark is not identical to, or cannot be confused with, any existing trademarks. We strongly recommend, therefore, that a clearance search is completed prior to filing the application on either the United Kingdom or the European Community Trade Mark Registers. European trademarks are protected within the UK. To qualify for registration your trademark must be distinctive for the goods or services of its stated purpose, and possessing integrity: not contrary to law or morality, and distinct from any earlier trademarks for the same or similar goods or services.
Evaluate the probabilities of EUROPEAN UNION Trademark Registration. Our Trademark Attorneys will present and process your EUROPEAN UNION Trademark application before the EUROPEAN UNION Trademark Office. Obtain your Certificate of EUROPEAN UNION Trademark Registration. After you request the Trademark Registration, Coddan will send you a Power of Attorney document. The Power of Attorney is needed so we can represent you before the Trademark Office. The principal advantage of obtaining a Community Trademark registration is that trademark owners may obtain and maintain a single registration covering all twenty-five member states of the EU and do not need to secure and renew registrations in the individual member states.
Applications may be filed in any of the twenty EU official languages (Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Lithuanian, Latvian, Maltese, Polish, Portuguese, Slovak, Spanish, Slovene and Swedish), but the applicant must designate a second Office language (i.e., either English, French, German, Italian or Spanish) in which proceedings may be conducted. Ex officio proceedings will be conducted in the language of the application, although the Office may send written communications in the second language of the application if the application was filed in a non-Office language.
Inter partes actions may be filed in any Office language, but proceedings will be conducted in the language in which the inter partes action documents were filed, provided that such language is also either the first or second language of the application. Otherwise, the inter parties proceedings will be conducted in the language of the application (or the second language of the application if the application was filed in a non-Office language). The opponents must then translate their documents into that language. Alternatively, the proceedings may be conducted in any official EU language to which the parties agree. Owners of earlier national registrations who apply for a Community Trademark in respect of the identical goods or services covered by the national registrations may claim the seniority of the national registrations in the EU member states in which the mark is registered.
Trademark owners may then, in most cases, allow their national registrations to lapse, since they will be considered to have the same rights as they would have had if the earlier national registrations had continued to be registered. Seniority may be claimed either at the time of filing or after registration of the Community Trademark.
The purpose of the trade mark search is to ascertain whether or not your trade mark will infringe upon the rights of any other trade mark currently registered. As the registration of a trade mark is a long and involved process, it is prudent to ensure that your trade mark is available before you begin the registration process. Our service provides you with the following: Comprehensive UK Trade mark and Logo Availability Search. Trade mark search in three classes conducted in 2 to 3 weeks with the Patent Office. The opportunity to search additional classes at £45.00 per class. Forwarding of the trade mark search report by post.
Trademark Registration
£ 350.00
Registration of your company's trade mark allows you to protect your image, and to invest in the marketing of your brand with confidence and legal protection. We will ensure that you are kept informed of the status of your trade mark application throughout the process. As the registration of a trade mark is a long and involved process, it is prudent to ensure that your trade mark is available before you begin the registration process. Coddan strongly recommends that a UK trade mark availability search is conducted before you apply for the registration of your trade mark. Our service provides you with the following: UK Trade mark and Logo registration. Trade mark registration in one class lodged with the Patent Office. A registered trade mark in 5 months. The opportunity to register your trade mark in additional classes at £70.00 per class. Forwarding of the trade mark certificate by post. A registered trade mark valid for ten years.
EU Trademark Registration
£ 1700.00
The above costs are inclusive of our fees for making the application to register a trademark with the Patent Office in one class, and all registry application and registration fees payable. When a trademark is registered as a community trademark, it is registered such that it covers every member state in the EU (i.e. covering the European Union). A trader can apply to register in one application his logo, trademark or brand for the European Union as a whole. A registered community trademark ("CTM") now covers the 25 member states of the EU (soon to be expanded to 27) As the registration of a trade mark is a long and involved process, it is prudent to ensure that your trade mark is available before you begin the registration process. Coddan strongly recommends that a trademark in the European Union availability search is conducted before you apply for the registration of your trade mark. Our service provides you with the following: Trademark and Logo registration in the European Union. Trademark registration in one class lodged with the EU Patent Office. A registered trademark from 10 to 15 months. The opportunity to register your EU trademark in additional classes at £175.00 per class. Forwarding of the trademark certificate by post. A registered trademark valid for ten years.
International Trademark Registration
£ 1120.00
The above costs are inclusive of our fees for making the application to register a trademark under the Madrid Protocol in one class, and all registry application and registration fees payable. Do you want to protect your trademark in several countries? You would like to have your trademark protected in several countries, but you realise that filing a separate application in each country is complicated and expensive. You may then want to file an application for international registration under the Madrid Protocol. What is the Madrid Protocol? It is a treaty that provides for the international registration of trademarks (including service marks). By filing a single application (called “international application”) in one language, you obtain a single registration (called “international registration”) which secures protection for your mark in several countries. Our service provides you with the following: Trademark and Logo registration under the Madrid Protocol. Trade mark registration in one class in one country. A registered trademark from 12 to 18 months. The opportunity to register your trademark in additional classes at £120.00 per class. Forwarding of the trademark certificate by post. A registered trademark valid for ten years.
A trademark is a sign or text capable of being represented graphically, and which distinguishes the goods or services of one business from those of another. A trademark may consist of words, designs, logos, or combinations of letters and/or numerals. Trademarks are used to uniquely identify a company and its products and services to its customers, to distinguish the company and its products or services from those of its competitors, and as an important tool in the branding of a company. A trademark is a type of industrial property which is distinct from other forms of intellectual property.
Trademark registration is territorial: the registration of a trademark in one country does not legally protect it from use by other companies in other countries. For local businesses this may not be of great concern, but for companies trading across borders it is important to consider the registration of their trademark in every country they intend to do business. Notwithstanding the territorial nature of trademark registration, there are certain international protocols which allow a trademark to be registered in multiple countries using a single application.
Trademark registration is done by class: goods and services are sub-classified into many different classes: precious metals, medical services, for example. A trademark is only protected within the class that it is registered, and therefore only protected form third parties offering similar goods or services. It is common to register a trademark across several classes in order to broaden the scope of protection.
Coddan offers a comprehensive range of options to assist you in registering your trademark, both in the United Kingdom and internationally. Our trademark registration services start from just £55.00. We also provide international registration services under the Madrid Protocol, and European Union registration services under the Community Trademark System.
The Advantages of Trademark Registration: Trademarks are an important tool in the branding of a company's products and services. Once the trademark is registered, and thus legally protected, companies can invest in the establishment and marketing of a brand to increase its market share and public profile, confident in the knowledge that no other company can legally take advantage of the identity and good will associated with the brand.
Once a trademark has been registered, the owner of the trademark is legally protected form the possibility of another company using the trademark, or from taking advantage of the good will, or marketing expenditure which is associated with it. A well-developed trademark is itself a commodity, the owner of a trademark may sell it at any stage, but once it has been sold the original owner will have no further legal claim to it; the owner of a trademark may, while retaining ownership, licence the trademark to a third party, which will empower the third party to trade or offer services under the brand. Licensing usually involves payment to the owner of the trademark for the right of its use, and is governed by a licensing agreement which limits the uses to which the trademark may be put, the duration of the licence, and establishes product and service standards which must be met while conducting business under the trademark.
You are legally liable for any trademark infringement that occurs, even if your infringement was not intentional. Trademark infringement may result in your company being liable for damages caused by the infringement and could result in the loss of your trademark. A trademark search is the only way to ensure that your mark is not infringing upon another's trademark and can safely be used to market your products.
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What is a Trade Mark? A trademark is a sign or text capable of being represented graphically, and which distinguishes the goods or services of one business from those of another. A trademark may consist of words, designs, logos, or combinations of letters and/or numerals.
Trademarks are used to uniquely identify a company and its products and services to its customers, to distinguish the company and its products or services from those of its competitors, and as an important tool in the branding of a company. A trademark is a type of industrial property which is distinct from other forms of intellectual property.
Coddan provides a comprehensive range of services to assist you in registering a trademark in order to legally protect it against misuse by third parties.
You can conduct trademark searches through Coddan CPM. Our professionals will conduct on your behalf the trademark search. A patent is the grant of a property right to the inventor, issued by the UK Patent Office. The term of a new patent is usually 10 years from the date on which the application for the patent was filed in the Patent Office. The right of a patent is the right to exclude others from making, using, offering for sale, or selling the invention in the UK. A patent gives the owner the right to a monopoly on the use and sell of the invention for a period of time.
Once we have received your request one of our trademark specialists will review your request and then contact you regarding the specific goods and services you require for your application. This will normally be within 1 working day of receiving your request. We will also conduct a search of existing registered and unregistered marks to see if your proposed mark is likely to conflict (£145.00 search fee). Once we have agreed a specification with you and we have cleared the mark after searching, we will make the application on your behalf to the relevant trademark registry. In the case of the United Kingdom, most applications are looked at within 5 months. UK Trademark Search Application: Order a Trademark Availability Search - £55.00 | Order the Document Completion Service - £145.00 | Order the Full Trademark Registration Service - £350.00
For EU applications this process can take 2 months. We will contact you as soon as your application has been accepted. The next stage is to see whether any third party raises opposition proceedings against your application. In the event that this is the case we will contact you and discuss the way in which you wish to proceed. Our application fees do not include any opposition fees and we would give you a written estimate of any costs before proceeding. If you have any questions about UK or EU trademark registration then please E-Mail or call us: 0800 081 1510 or +44 (0) 207 637 3881, fax: +44 20 7681 3318.
The plethora of international laws and trademark registration systems makes choosing a trademark registration strategy a complex decision. If you are unsure of the best course of action for your business, Coddan can advise you and can tailor a solution to your needs. If you wish to retain Coddan in a professional capacity, you can apply for an initial consultation appointment by following the link below. Book an Initial Consultation: Use This Form to Request an Initial Consultation With One of Our Specialists
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UK Trademark Registration from only £350.00! Trademark registration in the United Kingdom is achieved by lodging a formal application with the United Kingdom Patent Office. The process is a long and complex one, taking up to six months to effect if there are no objections, and up to a year if there is an appeal. If your application is successful, your application details, including your name and address, will appear on the public record. Coddan strongly recommends that a United Kingdom trademark search is conducted before you apply for the registration of your trademark. The purpose of the trademark search is to ascertain whether or not your trademark will infringe upon the rights of any other trademark currently registered; if it does, the registration of your trademark will not be approved. Coddan strongly recommends that a United Kingdom trademark search is conducted before you apply for the registration of your trademark. The purpose of the trademark search is to ascertain whether or not your trademark will infringe upon the rights of any other trademark currently registered; if it does, the registration of your trademark will not be approved.
Designing a Trademark: Because the registration of a trademark is a long and involved process, it is important that you design a trademark which is likely to be accepted. If there is an objection to your proposed trademark, your application will be rejected by the registration authority without refund.
A trademark consists of any of the following elements, of the combination of these elements: A trademark consists of any of the following elements, of the combination of these elements:
words
designs
logos
combinations of numerals
combinations of letters
The greater the number of distinctive elements which your trademark contains, the greater the chance that it will be approved by the registration authority. Other design aspects which will increase the acceptability of your trademark include:
distinctive words, made-up words, logos, pictures, or other signs which clearly identify your goods and services from those of others
made-up words, logos, or pictures are normally distinctive unless they have become customary in your line of trade
The registration authority will reject your application if you