A trade mark could be in the form of a logo, word or phrase, essentially it must be distinctive in order to gain an exclusive right. It is very common for a trade mark to be rejected based on various reasons. Hence, it is essential to know a few things prior to registering your trade mark.
A trade mark cannot be similar to the badge of nation, family or organisation.
Also, you must avoid it being similar to any official signs or hallmarks.
Your trade mark must not be acquainted to any other existing symbol and international intergovernmental organisation. Common types of international intergovernmental organisations include; United Nations or the European Union.
In addition, some very common mistakes to avoid are:
Using common phrases and words, which cannot be identified as unique. Try sticking to the purpose of your trade mark and what you are representing rather than appearing deceptive and promoting something irrelevant.
It is worth being aware that your trade mark cannot appear superior in comparison to your competitors as this gives you unfair precedence over your competitors.
Also, describing what you sell or offer cannot be used as a trade mark as it is just a description.
Place names are not permitted to be used as trade marks due to the fact they are used often, and everyone is permitted to visit geographical places worldwide. However, place names can be used in conjunction with other words, such as L’oreal Paris.
Moreover, most celebrity names are trademarked, and their names cannot be used for others to take gain benefit from their fame. For example, stating “Taylor Swift’s used clothing” would be interpreted as taking advantage of her fame.
Offensive language and images cannot be used as this may offend some religious beliefs and generally any offensive language would be rejected from being registered.
Phrases of expression cannot be registered as they are a mere expression and personal opinion, such as “I Heart London”.
If you have any queries about your brand name, contact Lawdit today.
By Sabreena Majid, a third year Law Student at Reading University