Trade Mark Registration and Application

You register trade marks in the specific countries or territories in which you trade: trade marks are jurisdictional. They are registered with the relevant appointed government body. In the UK it is the Intellectual Property Office (IPO).  

Depending on the territories you operate in, or plan to operate in, our Trade Mark Agency can offer advice on the best filing strategy for your brand. Broadly, we can assist with making a national application, offering trade mark protection in a single state (for example the UK, the US, Japan and so on). Alternatively, the EU operates a single trade mark which offers protection in all 28 Member States in a single registration. If you trade further afield, WIPO (the World Intellectual Property Office) administers an ‘International Trademark’. This is not a single trade mark as the name suggests but rather a ‘bundle’ of national rights, a facility that enables you to submit trade mark applications to many countries at the same time. Our Trade Mark Agency can advise on the best registration route for your business.

First, you need to make sure your trade mark qualifies as a trade mark. For example, it must be distinctive, it cannot be misleading, offensive or too common and non-distinctive. Then it is a good idea to carry out a search of the trade mark database to check if your mark or something similar is already registered.

At Thorntons Trade Mark Agency, we can carry out trade mark searches for you to help to identify any potential hurdles to a successful registration. We can offer you advice to help manage and reduce risk, giving you the best chance of securing a registration for your trade mark.

There are 45 different trade mark classes, which group together similar goods or services. It is important you choose the right class or classes for your application and that you bear in mind areas you may plan to expand your business into. Otherwise, you may need to do a second application later to cover the new goods.

Our Trade Mark Solicitors can advise you on the right classes for your trade mark and handle the application for you if you wish.

It takes about four months in the UK if no one objects to your application. The process varies in different countries, with EU approximately six to nine months and in the US 12 to 18 months. Our Trade Mark Agency team can advise you of registration timescales in the areas you are interested in.

Your trade mark registration lasts for 10 years. You can then renew it for a further 10 years. It can be renewed for 10-year periods as many times as you or your business needs.  

A trade mark is a sign or similar used to distinguish your business and products or services from your competitors. It can be words, a logo or a mix, as well as in some cases, colours, shapes and sounds.

Whereas copyright gives the author of a work, such as a book, music, play or film, specific rights in relation to the work and allows the author to take legal action against any plagiarism or infringement.

If you are seeking protection for an invention, you may well want to apply for a patent, which will prevent others making or selling the invention. This is different from a trade mark, which is any sign which allows customers (or potential customers) to identify your business and your products and services. It usually comprises words, a logo or a mix.

We work with a trusted network of patent attorneys who can assist in the drafting and filing of a patent for you. We can work with you on your commercial strategy, as well as assisting with the commercialisation contracts including patent licence agreements and distribution agreements.