A trade mark may be any sign (for example, words, letters, numerals, or devices (logos)) which is used in relation to a trader's goods or services, for the purpose of distinguishing those goods or services from goods or services provided by other parties.  Through use of a trade mark, a reputation may accrue in the mark which can influence consumers to purchase those goods or services in preference to those of another party solely because of the identifying trade mark.

A trade mark may be protected by registration, and to register a trade mark in the UK, a trade mark application must be filed at the UK Trade Marks Registry.  A trade mark is registered in respect of certain goods or services on which it is intended to use the mark, and these goods and services must be specified on filing. Registration of the trade mark affords its owner the exclusive right to use the trade mark in relation to the goods and/or services specified in the registration.

To be registrable, a trade mark must not be identical or confusingly similar to any earlier trade mark or other earlier right, and accordingly it is advisable to have a search conducted prior to filing a trade mark application to determine whether there exist any earlier, potentially conflicting trade marks. In addition, to be registrable, a trade mark must also be inherently registrable (i.e. capable of distinguishing the goods and services from those of other parties, not devoid of distinctive character, and not purely descriptive of the nature of the goods/services that are to be provided under the mark, amongst other things).  A trade mark which is directly descriptive of the goods which are to be provided thereunder is unlikely to be registrable (without significant evidence of distinctiveness acquired through use of the mark before the filing date of the application).  Thus, trade marks comprising made-up words, or words which merely allude to, rather than directly describe, the nature of the goods are generally more easily registrable than descriptive words or words commonly used in the trade.

Registered trade mark protection may be obtained in all the countries of the European Union by filing a Community Trade Mark (CTM) application. An OHIM authorisation form for CTM applications is available for printing, completing and returning to us under Authorisation Forms in our Information Centre and Resources pages.

On-line trade mark services are available using our Information Request Form in our Contact Us pages.

Links: Trade Marks