As a business owner, protecting your ideas and assets is a crucial aspect. To do this, consider creating and registering a trademark for your brand (sometimes spelled trade mark with a space between the words).

Trademarks are a solid route to both building your brand and generating a strong customer base. When you register a UK trademark, you can bring legal action against anyone who infringes it – that means using it without your permission or something similar to it. Registering your trademark, however, can be a complex process and importantly you only get one shot at registration – get it wrong or miss something and you’ll have to do it again, you cannot edit it once submitted. This article explains several essential requirements you need to know when registering a trade mark for your brand.

What is a UK trademark?

First things first, what is a UK trademark? As a distinctive symbol, design, word, or phrase, a trademark identifies and distinguishes the source of goods or services from others in the marketplace.

A trademark serves as a form of intellectual property protection for businesses. It helps establish brand recognition and prevents confusion among consumers. Trademarks can take various forms – such as slogans, logos, product names, and even sounds or colours.

Navigate here to find 8 questions answered about UK trademarks.

Key requirements for a valid trademark

The following are essential to remember when you’re crafting your UK trademark:

• Distinctiveness: The trademark must be capable of distinguishing your goods or services from those of others. It should not be generic or descriptive.
• Graphical Representation: The trademark must be capable of being represented graphically. This ensures it can be clearly depicted in the trademark register.
• Non-Deceptiveness: The trademark should not mislead consumers about the nature, quality, or geographical origin of the goods or services.
• Conformity with Public Policy and Morality: The trademark should not contain offensive or immoral content.

What are the common reasons for trademark opposition in the UK?

In the UK, trademark opposition can be based on two primary grounds: absolute grounds and relative grounds.

The common reasons for each include:

Absolute grounds

1. Descriptiveness: The trademark is descriptive of the goods or services it represents. For example, a term that directly describes a characteristic or quality of the product cannot be trademarked.
2. Lack of Distinctiveness: The trademark is not distinctive enough to differentiate the goods or services from those of other businesses. Generic terms or common phrases fall into this category.
3. Contrary to Public Policy or Morality: The trademark is offensive or contrary to accepted principles of morality.
4. Deceptiveness: The trademark is likely to deceive the public about the nature, quality, or geographical origin of the goods or services.
5. Bad Faith: The application for the trademark was made in bad faith, such as with the intention to block others from using a similar mark without any intention to use it themselves.

Relative grounds

1. Earlier Rights: The trademark is identical or confusingly similar to an existing trademark that is already registered or in use. This can lead to consumer confusion regarding the origin of the goods or services.
2. Reputation and Goodwill: The trademark conflicts with an unregistered mark that has acquired reputation and goodwill through use.
3. Likelihood of Confusion: There is a likelihood of confusion among consumers due to the similarity between the new trademark and an existing one, especially if they cover similar goods or services.

Feel free to get in touch with me about any UK trademark or intellectual property concerns you may have – I’m happy to help.