Trademark Application

A trademark is a name, symbol, or design which legally provides protection for a company or individual against anyone who attempts to replicate their mark, allowing the company or individual to maintain their competitive edge. A trademark application is required in order to register for your trademark to be offered the full protection of the law. If you do not make a trademark application it is easier for competitors to use a brand name or business logo similar to your own, meaning they may be able to reap the benefits of your hard work. The only remedy you may be left with is pursuing a claim for ‘passing off’ which is expensive, time consuming and has a list of criteria that you will first need to satisfy.

A trademark application should be made to the Intellectual Property Office and in order for them to accept your application your trademark must be a distinctive word, logo, picture or other sign that will clearly identify your goods or service from those of other traders. Made-up words, logos or pictures are normally distinctive, unless they have become customary in your line of trade.

Common examples of trademarks that will not be accepted are ones which describe your goods or services or any characteristics of them, ones which have become customary in your line of trade or those that are not distinctive. Applying for trademark registration can be a lengthy and expensive process and therefore you may wish to seek legal advice before pursuing.

If you would like to obtain legal advice on trademark applications then Contact Law can put you in touch with a local specialist intellectual property solicitor free of charge. So, if you have any questions or would like our help in finding local trademark application solicitors please call us at 0800 1777 162 or complete the web-form above.