Businesslegal uk trademark registration, uk trademarks,trademark, community trademark,international, madrid protocol, madrid agreement, England,uk,

Trademark Registration

A trademark is simply anything that is unique to your business such as a word, combination of words, logo, colour, packaging or a personal name. It can cover a trade or a service and must be capable of distinguishing one companies goods and services from those of another. The trade mark must not conflict with one already registered by someone else.Each trade mark application must specify the class of goods or services for which the registration is required. There are 34 classes of good and 8 classes of services. We can advise on the classes appropriate for your business.Why not contact us for more details.

Why register a trademark

To claim it as yours
Helps raise brand awareness
Enables brand extension into other products or markets
Symbolise your quality
To distinguish your business from competitors
Prevent other businesses from copying your branding
Becomes a valuable asset, sometimes priceless e.g. Virgin, Macdonalds. The Intellectual Property Rights of a business, in the form of its brand names, can be as valuable and important an asset of the business as its bricks and mortar. Indeed in many cases it can be more valuable and critical to the survival of the business.

Our fees for registration of a UK trademark inclusive of vat and trademark office fees are £552.50.Why not contact us for more details. It is not compulsory to register a UK trademark but there are advantages in doing so - see 1-3 below.

1. Trademark registration is prima facie proof of the plaintiff's entitlement to use the mark. in the case of an unregistered mark the plaintiff has to prove entitlement to the mark and that the mark carries a reputation and goodwill.

2. Trademark registration can be obtained before the mark is used provided there is a bona fide intention to do so. In the case of unused unregistered marks you cannot claim passing off.

3. Trademark registration enables an action for infringement to be brought without proof of actual damage. In the case of an unregistered mark the plaintiff has to prove actual or likely damage to the goodwill of the business.

Community Trade Marks (CTM) - since April 1996, there has been a European Community trade mark, issued through O.H.I.M - the Office for the Harmonisation in the Internal Market, based in Alicante, Spain. One registration gives trade mark protection in all 15 member states of the European Union. The advantage of this system means:

less to pay - one registration and one application for renewal
no need for muliple applications - simultaneous trade mark registration throughout the EU
faster results - a single application can save time over multiple applications
one direct application to OHIM

The registration gives trade mark rights throughout the EU so that if it is acceptable to OHIM then the trademark is protected in all EU countries. The one major disadvantage is that if the mark is unacceptable in one country it will be refused throughout the EU.

Community Trade Mark (CTM) applications currently take about 12 to 24 months.

We can apply to register a Community Trademark for which the fees (inclusive of vat and the fees payable to the CTM office of £1150) are £2090. Why not contact us for more details.

Madrid Protocol also known as an International Trademark - Since April 1996 companies in the UK have been able to register their trade marks on an international scale through the Madrid Protocol. Under the Protocol, when an applicant has registered (or filed an application to register) a mark in their own country, they can apply for an International Trade Mark to be registered with WIPO - the World International Property Organisation in Geneva - for all or some of the countries who have signed up to the Protocol.Currently there are 63 signatories to the Protocol.In this way you can cover potentially important markets such as the EU, Japan, USA and Australia.

Once WIPO is satisfied with the application, it will enter the mark on the International Register and notify the countries specified in the application. WIPO will also advertise the mark in the International Gazette. Each country then has up to 18 months to object. If one or more countries object and you either do not argue your case or you lose the argument, your mark will not be accepted in those countries. However, it may be acceptable in other countries and will be recorded accordingly on the International Register (unlike for the Community Mark which would fail if one country objects.

The advantages of registering through the Protocol are:

Ease of administration - there is no need to work through trade mark agents in every Protocol country unless you face oppositions or objections to the application in that country
Cost savings - through keeping fees to a minimum
Flexibility - in that you can register in one or more Protocol countries

If you are looking for an International Trademark pursuant to the Madrid Protocol then fees for the basic application are £1150 (inclusive of the application fees and vat)and then additional fees are payable to the countries where you wish to register the mark. We can confirm these once we know which counties you require protection in. Why not contact us for more details.

If you require a US trademark we can assist as well - please contact us for more details.

With telecommunications nowadays distance is no problem, we act for clients all over the world.Why not contact us for more details.

Alternatively why not request more information on the procedures and fees for trademark registration in the UK or overseas via our enquiry /feedback form. .

Copyright

If you are a business involved with computer contracts and internet law there are always issues of copyright, trademarks and database rights to be considered. We ensure these matters are adequately covered in all documentation.

Intellectual Property rights are critical in the software or internet based publisher market places. If these are not adequately protected a company may find its major asset diluted or lost altogether.

Copyright can cover computer software , its source code, screen displays and other literary, musical and artistic works on the internet.

In legal agreements for example contracts with web page designers these issues must be addressed and adequately protected.

The web site itself will need terms and conditions posted to alert browsers to any intellectual property rights claimed by the site owner.

There are issues relating to “deep linking” when one web site links to a page deep within another site” – There can be potential breaches of copyright here but other issues such as unfair competition, passing off and breach of database design rights can also be relevant. Any legal issues should be addressed before the web site goes “live” to reduce risk.

We can advise on the appropriate legal solution to such issues.

Why not contact us for more details.

Alternatively why not request more information on the procedures and fees for advice on copyright or trademark registration in the UK or overseas via our enquiry /feedback form. .


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