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Trademarks: FAQs

Monday, 11 July 2016

Trademark application In previous articles we have explained the importance and methods of protecting a business’s brand by registering the brand as a trademark . This article covers some of the most frequently asked trademark questions.

To get protection for my brand, do I need to register it as a trademark?

It is possible to claim “common law” rights for a trading name within the UK. However, it can take a significant amount of time to earn the right, your rights will be unclear, someone else could register the name as a trademark and if that did it happen it would be very costly to get the rights back. So it is highly advisable that you register your brand as a trademark as it is the best way to ensure you have the exclusive legal right to use your brand.

I have registered my business’s name as a company and I own the domain name - is my brand protected?

Registering your business with companies house or as a domain name does not give you any legal rights to your business’s brand.

Where do I register a trademark?

Businesses wanting trademark protection who operate within the UK should apply for a trademark through the Intellectual Property Office but please be aware that you can’t change the trademark once you have applied.

How long does a UK registered trademark last?

A registered trademark lasts for 10 years. It will expire if you do not pay the renewal fee but if you do choose to renew the trademark your brand will be protected for a further 10 years.

Once registered, is it possible to add additional products or services?

No. It is crucial that you plan for the future and consider registering your trademark in additional classes that you plan to expand into. If your business does plan to expand into unregistered areas you will need to submit a secondary trademark application to cover the new areas.

If you are considering applying for a trademark it is highly recommended that you seek advice from an experienced legal team who specialise in trademark registration. The intellectual property team at Rollingsons will be able to advise you on the trademark registration process. They have experience with the application process for multiple classes within the UK, Europe and other worldwide jurisdictions. For more information or to arrange an initial consultation, please contact us on 0207 7611 4848.

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