Our sister company, the Trademarkroom ®, can offer your business a full range of solutions for trade mark registration services. These services include clearance searches, applications, watch services and enforcement services.
A trade mark can be a word, phrase or logo. The primary function of a trade mark is to act as the brand for your business. It is important that you create a strong brand to enable you to build a strong reputation, allowing potential customers to recognise you as a legitimate business.
Building a reputable brand takes hard work and commitment. It is important you do not let this hard work go to waste by exposing your brand to third-party copycats who are looking to take advantage of your success. By registering your trade mark, you will have the power to prevent any third party from infringing your trade mark. A trade mark registration is a cost-effective way to protect your brand and business.
Trademarkroom ® has over 20 years’ experience regarding all types of Intellectual Property. The team, led by Director and Senior Solicitor Advocate Dr. Michael Coyle, are here to take you through the process one step at a time, using language you understand with costs you can afford. Our trademark application fees are fixed and you will not receive any unexpected bills for fees you did not know existed.
Trademarkroom strives to offer a client-focused and business-friendly service.
Before we file a trade mark, we always recommend that our clients do a trade mark search.
We will provide you with a search report and letter of advice which will first consider if your proposed mark is suitable for registration and secondly if there are any existing marks that may conflict with your application.
If you do not carry out a search then you are applying for a trade mark ‘blind’ and significantly increase the risks of losing the filing fees.
We also offer searches in respect of international applications. Please contact Trademarkroom ® for a tailored quote if you are considering filing a trade mark outside of the EU.
As the trade mark examination process is subjective, the search will not guarantee the success of your proposed mark but it is essential to determine where you stand before making the financial commitment.
Once the Trademarkroom ® has all the necessary information and funds, we aim to file applications within 24-36 hours.
After filing, the general duration of an application is as follows:
When a trade mark is registered, it is registered in relation to a number of classes of goods and services. These classes will explain what goods and services are provided by the owner using this trade mark. A trade mark cannot be registered for all goods and all services as this will prevent industries growing.
It is important that you include all the goods and services you wish to cover in order for your trade mark to completely protect your business.
Before filing an application, or completing a search, Lawdit will ask for a description of what goods and services you provide. This enables the trade mark team to determine which classes are best for your mark. Our trade mark classification service is all included in the search fee or the application fee. You will not receive a further bill for this service.
The TM symbol merely indicates that you view the mark as your trade mark and as such can be used on either an unregistered or a registered mark.
The ® symbol specifically indicates that the mark to which it is affixed is registered. Consequently, it is an offense to use it unless you are in receipt of the certificate for the trademark.
To ensure our clients are clear on how their matter will progress, Trademarkroom works on a fixed fee basis in regard to trade mark applications. This allows our Clients to be content in how their matter is progressing and gain clarity in exactly where their hard-earnt funds are going.
Trademarkroom’s fixed fees, in regards to trade mark applications, capsulate the drafting and preparation of the complete application. This includes all telephone consultations and email correspondence. Trademarkroom ensures that the Clients will not receive any unexpected bills and are confident that the protection of their brand is being dealt with.
Our fixed fees for one trade mark application are as follows:
A registered trade mark search is a vital part of the process. It is through the searching process that Trademarkroom can reveal whether your proposed mark is capable of registration.
The search will firstly consider if your proposed mark is capable of being a registered trade mark. There are a number of criteria that a trade mark must comply with to enable the application be accepted as a registered trade mark. These criteria include the need for the mark to be distinctive and the requirement for the mark not to be descriptive of the goods and services for which the mark is registered. Secondly, the search will highlight any existing marks which may conflict with your application.
If you do not carry out a search, then you are making a ‘blind’ trade mark application which significantly increases the risk of losing the filing fees or opposition being raised.
Therefore, if you are considering filing for a trade mark, we strongly advise you carrying out a search in the territory that you intend to apply for.
In order to carry out a search Trademarkroom will require from you a brief description of the goods or services, together with your use within your industry. This will assist the Trademarkroom team when they decide the appropriate area to seek protection under.
Trademarkroom offers all clients fixed fees so that there are no hidden surprises. The fees to search in the UK, EU and USA are as follows:
Trademarkroom can also conduct an international trade mark search if you wish to protect your trade mark further afield. Please enquire with the Trademarkroom team for a tailored quote.
We are aware that time is money in business therefore, the Trademarkroom team includes its own in-house US Attorney, who can have the search results to you within 48 hours. As part of the search fee, they will also be on hand immediately to discuss the results with you and discuss the strategy going forward.
A trade mark is a word, phrase, symbol, and/or any combination of these that uniquely identifies a firm and/or its goods or services. A trade mark guarantees the item’s quality and gives its owner the legal rights to prevent the trade mark’s unauthorised use. It must be distinctive and not descriptive. A trade mark should be registered with an appropriate authority or otherwise it will not be able to obtain legal ownership and protection rights. Trade mark rights are usually granted for 10 years and, unlike other intellectual property rights such as patents, they can be renewed every 10 years for an indefinite period of time.
Marks that cannot be trademarked:
There are many benefits of having a trade mark but it is not compulsory, meaning a company can function without one (although this is not recommended). If a company has not registered its brand as a trade mark, the company may be able to protect their mark against imitation or infringement by relying on ‘passing off’- this is a common law right. The main disadvantage of bringing an action for passing off is that it can be far more costly than a simple trade mark registration. Another benefit of registering a trade mark is that a trade mark can add value to your business as it can be used to protect your market share. You can licence it to third parties such as franchises, or you can sell it outright for a specified value. You can also use a trade mark to help you raise equity for the development of your business; this was famously done by Ford Motor Company.
There has been a recent trade mark infringement case which involved McDonalds and a European coffee company- ‘MacCoffee’ that tried to register the name “MACCOFFEE” as a trade mark. McDonalds alleged that MacCoffee unfairly benefited from the trade mark. The court agreed with McDonald’s and ruled that MacCoffee would be wrongly linked with that of the US burger giant. The MacCoffee trademark was registered in 2010 by the European Union Intellectual Property Office, but McDonald’s applied to have the trademark declared invalid on the basis of the similarity to its main EU trademark and 12 other trademarks that McDonald’s uses in the jurisdiction. Future Enterprises- the company that own MacCoffee have stated that they are “disappointed” with the latest decision and they plan to appeal.