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Trademark Advice

Discussion in 'Legal, Insurance & Issues' started by truereddevil, Jan 13, 2016.

  1. truereddevil

    truereddevil

    Joined:
    Oct 9, 2008
    Messages:
    4,886
    I think it maybe time to trademark my business, what protection does a trademark give you?
    How can I find out with the word I want to trademark for my business can actually be done?
    What are the sort of costs involved in trademarking?

    Thanks for any help
  2. MY OFFICE IN CHINA

    MY OFFICE IN CHINA

    Joined:
    Jun 8, 2013
    Messages:
    401
  3. betterFX

    betterFX

    Joined:
    Nov 10, 2015
    Messages:
    21
    A Trade Mark, once registered, prevents anyone legally using the same trade mark as you (in the countries you have selected for trade mark registration)

    A trade mark, to be registered must be 'distinctive' and you should aim to be as unique as possible. There is no way to 'test' whether your TM is allowable to be registered, other than to submit it and see whether it is approved - which costs money (I think about £120) each time. If you can avoid using real words, that makes it much easier.(this is to stop businesses or people trying to 'own' words that everyone should be free to use)

    That is why so many businesses make up words (ebay, google, shazam, spotify etc, etc). If you do want to use part or all of a real word, then make the design of the word quirky and unusual - look at the Virgin logo as an example. If you search in Google for 'quirky logos' you well get lots of other good examples. You need to remember that only your design of the word/logo will be protected. For example, a quick web search shows that there is a business in the UK called Amazon Records. Amazon can't stop other people using the word 'Amazon', which is after all a famous region in the world, but it could stop someone using their design, or something 'confusingly similar'

    The other thing to note is that when you apply to register your TM, you have to choose which 'classes' of product to register it for.

    So if you registered your mark for electrical goods, and someone used it for say, a brand of dog food, you would not be protected, so register your mark for every possible class you may ever possibly wish to use, however far in the distant future

    Hope that helps

    Matt - betterFX
    FiveStar, Cody and Gary like this.
  4. DJW

    DJW

    Joined:
    Jun 13, 2011
    Messages:
    83
    betterFX has covered it,

    If you are looking at just UK which I am currently looking into on the gov.uk site you can pay a £100 fee for a "Right Start Application" they will send you a report and if you wish to go ahead they ask for another £100 or you can put an application straight in at £170 with £50 for each additional class.

    I have not looked into the many sites that offer to do it for you claiming 99% success and so on but some investigation may be worth it even if it is to learn a little more.

    Please update if you go through with it.
  5. mrreference

    mrreference

    Joined:
    Jun 8, 2010
    Messages:
    21
    We recently had 2 trademarks approved, takes a while whilst they make checks and place you in a registry for any objections etc, but worth it.

    Be warned that you will recieve letters asking you for money when your trademark is put out for objections. these are scams and not past of the process. do not pay them.

    My advice is to make sure you include all the sub categories in your category, think long term, what you might be selling under your brand as once it's approved, you cannot change it.

    Then apply for brand registry on Amazon if you sell goods under that brand to have a listing of your very own with no competition, and if customers like it and leave good feedback, sit back and enjoy the profits roll in.
    FiveStar and Cody like this.
  6. Cody

    Cody

    Joined:
    Feb 17, 2016
    Messages:
    1,220
    Great advice here everyone, and with that this thread is now a sticky :D
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