Trademark Registration

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Form and Fees
Trademark Registration Services Include

Form and Fees

Why Register a Trademark?

When you launch an advertising campaign through AdWords, billboards, PR articles or in other media, you will attract new customer base. New customers should remember your company and your offering through a single phrase or logo, and, if they need your products or services in the future, they will return to your company. Once the brand or logo is remembered in the minds of your customers, you should protect it from use by competition, which wants to attract your clients
A common situation when the owners of the brand decide to register a trademark is a dispute in the company. In this situation one of the partners leaves the company and the remaining partners register a trademark to prevent the former partner from competing with their company by using the same brand.
Owners of a well-run business often want to share their experience with younger or starting entrepreneurs and help them by lending them their brand or logo. This brand or logo already has an established reputation among customers, either through repeated ads or recurrent good experience with their products or services. This concept is called franchising. When the former owner of brand or logo intends to lend it to somebody, it is necessary to have this brand or logo registered as a trademark. After you lend your label or logo, you can come into disagreement with the borrower about the quality of the products or services provided under the brand or logo, or you can disagree about the extent of permissible competition. In such situation, you, as the owner of the brand or logo, need to be exclusive owner of the brand or logo.
If a trademark is owned by foreign entities, the domestic entities have to pay royalties for use of the trademark. Such royalty payments are tax expense. However, it is important that these tax expenditures, which reduce the tax base and thereby the amount of tax, are not subject to a withholding tax, and, therefore, they do not abate tax. Withholding tax can be avoided by the payment of royalties to mother companies incorporated in other EU state, because the EU Directives command for elimination of barriers in the single European market. To structure trademark royalties correctly, seek our professional help.

What can I register as a trademark?

From slogans, strap-lines, buy-lines, logos, designs to shapes, colours and smells and any available name that complies with the legal requirements can be registered as trademark for a product or for a service.

What are the benefits of a trademark?

If you own a trademark, your business gains in value. You can stop others from using similar logos or slogans. You can license your trademarks. You can use the prestigious label “®” or “(r)”.

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Trademark Registration

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Why us?

What our competitors do not offer:

 TOTAL (£)
incl IPO official fee and VAT
UK (1 class included)£269 Additional Class: £75
EU
(1 class included)
£890Additional Class: £145
USA
(1 class included)
£399Additional Class: £299
International

(1 class included)
£899Additional Class: £199
Each Additional Country: £299
Search:
ONE of the following
UK, USA, EU or other country
£99
TWO of the following
UK, USA, EU, WIPO or other country
PLUS additional services
£299
THREE of the following
UK, USA, EU, WIPO or other country
PLUS additional services
£499

How does Trademark Certificate look?

Trademark Registration
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Trademark Registration

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 How does it work?

The first step is to select the type of trademark: word, image, combined.
The next step is to select one or more of the 45 classes of products and services, for which the trademark will be registered. The more trademark classes, the higher the filing fees.
Next step is the choice of the country, for which the trademark will be registered, for example UK Trademark, EU Trademark, US Trademark or whether to file International Trademark for several countries of the world. The trademark registration fees must be paid in advance, either by bank transfer or online via bank card.
After you selection of the type of trademark and classes, law firm will prepare research of conflicts with existing trademarks. The research is a list of similar or identical trademarks in the class and in all other classes. If there are identical or similar trademarks, which are already registered or if there are previously filed trademarks, we will recommend you to make changes in the word or reproduction of the trademark or to give up the registration in some of the classes.
After resolving conflicts of similar or identical trademarks, the Intellectual Property Office will register the trademark. After the registration, we will send you trademark certificate. Registration takes six to nine months.

The most important questions you need to ask!

More classes higher fees

The fees for trademark registration increase with each class of products or services, for which the trademark is registered. There are 45 classes of trademark. Owners of the trademarks usually select 2 or 3 classes. Classification of products and services is the same around the world, because states are bound by international conventions.

More countries higher fees

One of the issues with protection of marks or logos is also the choice of the number of countries, in which will the trademark or logo be protected. Is enough one country, or is it better to file the protection throughout the EU? Is enough to protect your mark or logo in the US and EU, or is it better to extend protection to China? Owners of the mark or logo usually do not choose China and other countries, where the subsequent enforcement of intellectual property rights of trademark is low.

Image or Word

When you want to register your trademark the difficult question is to decide whether to protect only your brand as a word or the logo as an image or both as a combination, or each of them by two separate trademarks. In the application procedure it is easier to get the protection of an image or a combination of word and image. However, the protection of word in combined trademark is weaker because it is protected only in conjunction with an image. The second disadvantage of the image trademark or combined trademark is that the logo may be partially or substantially changed over time, whereby the greater the change of the former logo is, the lesser the new logo and the word is protected by the former trademark. The advantage of purely verbal marks is the force of the protection; hence the word is completely monopolized by its owner. Other entities have to use or register this word.

Conflict with earlier marks

Another problem with trademark registration is to check whether your brand or logo has been registered by someone else. It is required to check before the trademark registration, whether there is in the individual states or at EU level a trademark with the same or similar wording or illustrations. If the application for trademark registration includes the brand or logo identical or similar to an earlier trademark or logo, the trademark application will be rejected and registration fees will not be returned.

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Where to register a trademark?

When registering a trademark, you have to choose countries where the trademark will be protected. An important issue to consider is also the fees for registration in each country, where the trademark will be protected. Most common trademark registrations are:

Applicants usually don’t choose China and other countries where the subsequent enforcement of intellectual property rights is weak.

International Trademark

One of the advantage of International Trademark is the possibility to apply simultaneously in several countries. The disadvantage is that except the fees for international trademark, you have to pay the fees for the some national trademarks. The list of countries where it is possible to file an International Trademark is defined by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Nice Agreement signatories:

Albania (A / P) Algeria (A) Antigua and Barbuda (P) Armenia (A / P) Australia (P) Azerbaijan (A / P) Belgium * (A / P) Belarus (A / P) Bosnia and Herzegovina (A / P) Bulgaria (A / P) Butane (A / P) Cuba (A / P) Cyprus (A / P) Czech Republic (A / P) Montenegro (A / P) China (A / P) Denmark (P) Egypt (A / P) Estonia (P) The European Union (P) Finland (P) France (A / P) Ghana (P) Greece (P) Georgia (P) Netherlands * (A / P) Croatia (A / P) Iran (A / P) Ireland (P) Island (P) Israel (P) Japan (P) Kazakhstan (A / P) Kenya (A / P) Kyrgyzstan (A / P) Republic of Korea (P) North Korea (A / P) Lesotho (A / P) Liberia (A / P) Liechtenstein (A / P) Republic of Lithuania (P) Latvia (A / P) Luxembourg * (A / P) Macedonia (A / P) Madagascar (P) Hungary (A / P) Morocco (A / P) Moldova (A / P) Monaco (A / P) Mongolia (A / P) Mozambique (A / P) Germany (A / P) Norway (P) Oman (P) Poland (A / P) Portugal (A / P) Austria (A / P) Romania (A / P) Russian Federation (A / P) San Marino (A / P) Sierra Leone (A / P) Singapore (P) Slovakia (A / P) Slovenia (A / P) United Kingdom (P) United States (P) Serbia (A / P) Sudan (A / P) Swaziland (A / P) Saint Tome and Principe (P) Syria (A / P) Spain (A / P) Switzerland (A / P) Sweden (P) Tajikistan (A / P) Italy (A / P) Turkey (P) Turkmenistan (P) Ukraine (A / P) Uzbekistan (P) Vietnam (A / P) Zambia (P) (A) – signatory of the Madrid Agreement Concerning the International Registration of Marks and not the Protocol (one country), in these countries you may file an international application to the International Bureau after the registration of national trademark. (P) – signatory of the Protocol of the Madrid Agreement Concerning the International Registration of Marks (84 countries) (A / P) – signatory of the Madrid Agreement Concerning the International Registration of Marks and also the Protocol (85 countries) Benelux (Belgium, Netherlands, Luxembourg) are considered as one contracting party.

FAQs

There are a few important differences regarding trademark registrations between U.K. and most of the other European countries. While in most countries trademark registration is quick and cheap, in U.K. there is such a thing as “common law” rights that can be obtained just by using your trademark, without any registration process. While easy and free of any charge, common law rights have a few important disadvantages when it comes to protecting your mark: You need to use the trademark for a long time before actually obtaining the rights. The purpose of the common law rights is often unclear. Common law rights can’t stop someone else from using or registering your name. If someone else it’s trying to steal your name it will be extremely expensive to prevent it from happening if you are only protected by the common law rights.
Absolutely. The fact that you registered the domain name is not going to stop a competitor from using your name as a trademark. Actually, you risk not to be able to use your domain name, if somebody else registers your name as their trademark.
Similar to the previous case, if you register your company at Companies House, any of your competitors will still be able to use your name as trademark or even register it as trademark. All you obtain by registering your company at Companies House is stopping someone else from registering another company with exactly the same name. Any competitor can still register a company with a slightly different name or your name as their mark.
For businesses in the UK, the trademark application can be submitted at the UK Patent Office. If you need to protect your trademark outside the UK, in other European states, you need to consider a Community Trade Mark (CTM) application at the Community Trade Mark office. By applying for one CTM, you trigger separate applications in each member state of the European Union. Applying for a CTM stops your competitors from using your name in other parts of the EU and it protects you in the eventuality of extending your business in other EU countries. Since October 2004 you can cover up to 172 countries just by filing one application under the Madrid Protocol.
According to the trademarks legislation, a name must comply with several technical and specific criteria applied by the various Registries. Geographical marks, marks that are too descriptive or that are not distinctive enough and marks that are already registered, are just a few cases that encounter difficulties in the registration process.
Yes, it is possible, if the products are different enough. The solution is to include as many different classes of goods and services when you submit the application for your trademark taking into consideration not only the categories you are manufacturing or selling at that moment, but also your future plans of extending product lines and offering goods and products from other classes than the ones that you are already providing.
It lasts 10 years from the moment your registration is accepted and you can renew it for another period of 10 years, and so on. Failing to renew your registration by the next renewal date determines the expiration of your trademark. You also have too periods of six months each, totalling one year, in which you can restore your mark by paying an extra fee for late renewal.
It usually takes 6 to 9 months depending on the objections from the Registry or third parties and other various factors. But you need to know that your registered trademark is protected from the date you submitted your application, with repercussions on anyone who has been using your name since that date.
The situations in which you have the best chances to stop them is if you are dealing with a competitor in the same area of business and if you can demonstrate bad faith. In any other situation the most appropriate way is to go through one of the accredited domain name dispute resolution routes, such as those offered by Nominet and by WIPO.
Fees involved in the early stage of the registration process, until you receive the result of the examination from the Registry, are covering the costs of the processing and examination of your application and they are not refundable.
Your trademark is legally your “intellectual property” and it is similar to any other property you may own, meaning that you can, among other things, sell it. If this is the case, we can advise you on the legal requirements.
“TM” only indicates that your name is being used in a trademark sense, not that it is registered, so you are not breaking any laws. Using the registered symbol ® or the abbreviation “RTM” on the other hand, without having your trademark registered, would be breaking the law.
Whenever you want or need, if your trademark is registered, to show that it is legally protected. The ® symbol is usually used after the trademark, in a smaller type size and in a superscript position without being compulsory to be used like this. Instead of the ® symbol you can choose to use the abbreviation “RTM”.
You cannot add more goods and services classes once your application for trademark registration has been submitted. This is why you need to think very carefully about your future plans and the categories of products or services that you might want to sell or manufacture in the future and give us the complete list.
They include our fees for preparing and filing the application and any application fee without including costs associated with opposition or other procedures, such as costs of dealing with Registry correspondence, hearings or any other legal work required.

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Trademark Registration

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