Trademarks cannot be registered in the UK if they do not meet all of the appropriate criteria as set out by UKIPO. There are certain grounds on which the registration of a trademark may be refused.
A Lack Of Distinctiveness
If your trademark does not contain elements that make it easily distinguishable from that used by other companies, its registration will be refused.
No Graphical Representation
Trademarks must be able to be represented in such a way on the trademark register that allows the public and authorities to identify the precise and clear subject of the trademark protection given to the owner. Essentially, this means that a mark must take one of these formats:
- A shape
- A word
- A colour
- A pattern
- A sound
- A hologram
- A motion or multi-media file
Contrary To Morals Or Policy
Any trademark that is deemed to be offensive due to the nature of the words or imagery used, or that is deemed to go against public policy by, for example, inciting violence or encouraging illegal activity, will be refused.
Deceptiveness
Any trademark that aims to deceive the consumer by suggesting something that is incorrect about the product, service, or business will be refused. For example, if a trademark implies that a product is organic while, in fact, it is not, this would be deemed to be deceptive.
Legally Prohibited
Certain marks cannot be legally used as trademarks in the UK. These include country flags and other protected emblems such as coats of arms. PDOs (Protected Designations of Origin) and PGIs (Protected Geographical Indications) can also not be used as trademarks.
As long as your trademark does not breach any of these criteria, it should be deemed as acceptable for registration in the UK and entered onto the register.
For more information or for expert advice on business or personal legal issues, contact us at info@carterbond.co.uk or email us at www.carterbond.co.uk or call us on 020 3475 6751.
This content is not intended to be used as a substitute for specific legal advice or opinions. No recipients of content from this site should act or refrain from acting on the basis of content of the site without seeking appropriate legal advice.
