To successfully register your trademark in the UK there are certain requirements that must be met. Failure to meet any one of these will result in your registration application being rejected.
Distinctiveness
Your trademark must be unique enough to distinguish your company’s services and goods from those produced by others. To ensure your trademark complies with this requirement you should avoid using simple signs and colour marks as well as any shape that does not depart significantly from your sector’s norms. Avoiding signatures, names, solely promotional or descriptive slogans, and any marks that are widely used in your trade is also wise.
Graphical Representation
Your trademark must be able to be graphically represented in your application so it can be clearly and accurately depicted within the register. This covers several formats including logos, colours, word marks, shapes, or a mix of all those elements.
Not Misleading Or Deceptive
Trademarks cannot mislead or deceive consumers about the origin, quality, or nature of the services or goods they represent.
Not Contrary To Morality Or Public Policy
Trademarks cannot promote any illegal activity, go against any established value or principle, or be offensive. Any trademark that incites hatred, violence, illegal behaviour, or discrimination will be refused.
Not Confusingly Similar Or Identical
Trademarks cannot be confusingly similar or identical to any existing registered trademark to avoid consumer confusion and protect existing trademark owners’ rights.
Not Generic Or Descriptive
No trademark should only describe the services or goods it represents since this would not be deemed to be inherently distinctive.
Not Prohibited
Certain signs have been prohibited from use as registered UK trademarks including national emblems and flags, geographical indications, and traditional terms.
There are no automatic rights to allow you to use either your surname or given name as a trademark and register it as such. If a different individual or organisation has registered the mark already, their right to hold it will be retained.
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.
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