What is a trade mark? A trade mark is a means of indicating the origin of goods or services in the market-place. A trade mark is usually a word or a logo, or a combination of these but may also be e.g. a sound (advertising jingle), a 3-dimensional shape (container) a smell, or a colour. Any of these can be recognisable by a purchaser, and the more recognisable a trade mark becomes the more valuable it is. It is not compulsory to register a trade mark in order to use it, but registration is recommended. This is because registration makes it easier to stop others from using the mark, and may also give a defence if one is accused of infringing another's registered trade mark. A registration also offers an implicit guarantee to a purchaser of the quality or source of the goods or services. All possible goods and services are divided into 45 different ‘classes’, and the same mark may be registered for different owners in different classes, provided the goods or services involved are sufficiently different. We can carry out searches link to check whether a trade mark is free for use and/or registration. Choosing a trade mark A trade mark might have more than one function, from the point of view of both owner and consumer, and great care is needed in choosing it. Ideally, the trade mark should be distinctive and memorable, or at least capable of becoming so over a period of time. This is because a trade mark needs to be "capable of distinguishing" in order to be registrable. However, for marketing reasons, many first selections are less than ideal, and are often descriptive of the goods or services offered (for example WEB SOUNDS for music downloadable from the Internet). These kind of trade marks can be difficult to register. Invented words and logos will usually have a better chance of reaching registration and of impressing themselves on the public mind. An excellent example is KODAK ®. However, if an invented word is undesirable from a marketing standpoint, try to compromise on words or logos which do not directly describe the product or service. Think for example of JAGUAR (speed, sleekness); MERCURY (fleetness of foot); FORTRESS (strength). Some combinations of prefix/suffix produce good trade marks e.g. EUROSTAR ® ; ELECTROLUX ® ; STARTRITE ® . Trade mark searches Before commiting yourself to using a particular trade mark (for example by spending money on advertising, marketing or printing), a trade mark availability search is recommended. It would be very unwise to start using a trade mark which is already owned by someone else, since to do so might lead to the proprietor taking legal action to prevent your using the mark. You may also be forced to pay damages and to destroy stock, packaging or printed material bearing the trade mark. Procedure for registration If you would like us to file an application for you, we will need details of the mark, the applicant, and a list of the goods and/or services in respect of which the mark is intended to be used. We will then decide which trade mark classes need to be covered and we will prepare a specification of goods and services for the application. The trade mark application is submitted to the Trade Marks Registry together with the official fees. The Registry issues an individual number for each application, and then examines the mark to check on its suitability for registration. Examination includes a search through existing trade marks on the Registry's records, and an analysis of whether or not the mark is sufficiently distinctive. An examination report is issued detailing any objections to the application. We report the results of the examination to you, together with our suggestions as to how the objections may be addressed. We then respond to the examination report on your instructions. Once any objections have been overcome, the application is advertised in the Trade Marks Journal, and there is an opportunity for third parties to oppose the application. Provided no opposition is filed, the Certificate of Registration is issued. The whole process is likely to take on average 8 to 12 months. If an opposition is filed, the opposition procedure may take 2 to 3 years. The registration remains in force for 10 years and may be renewed in perpetuity for further terms of 10 years. For average cost, see cost and timescales. Please note that the mere filing of an application does not guarantee registration, and fees are not refunded. An application may be filed at any time, whether or not the applicant has used the mark, but it is normally recommended that an application be filed sooner rather than later, since mere use of a trade mark does not make the rights in it so secure. We can advise on trade mark procedures and applications abroad link as well as in the U.K. If you want us to give you concrete advice, please complete the enquiry form. Click here to read about Overseas trade marks.