Protecting Your Brand - The Process (UK applications)

In general it takes six to nine months to register an uncomplicated brand as a UK trade mark. The final registration date is backdated to the date of application. Costs vary, but on average are approximately £1,200 per mark in a single class. This reduces for additional classes filed as multi-class applications and increases where there is objection or opposition.

Trade mark applications are dealt with on a 'first filed' basis. It is therefore prudent for an owner of a mark to file as soon as possible. We recommend that applications be filed at the conception stage of a product or service, allowing time to be registered before a product launch.

The first step toward registering your mark is to conduct an identical word search of the relevant Registers to see if there are any existing marks, which may conflict with your proposed name or logo. Our experienced trade mark professionals will assist you with every step of the Brand Registration process.

If an identical search is clear we recommend conducting a full search. The information provided in the full search includes the specifications and status of each mark displayed. If you require a written opinion in respect of the acceptability of the mark for registration we charge per hour (on a pro-rata basis) for providing this service. Full word searches conducted in three or more classes are charged at a discounted price.

We also need to know if there are any logos associated with your trade mark or if you intend to use the mark in any particular stylisation (colour / font). Logo searches have to be conducted separately. As previously, we would be pleased to cap the cost of logo searches in three or more classes.

We recommend that a trade mark is filed exactly as it is intended to be used. If colour is involved, we recommend filing a series of marks in the UK to include the colour version as well as in monochrome. In other countries this means either filing more than one application or choosing one colour or monochrome version. Should the version in monochrome achieve registered status, this should allow use of the mark in any colour. Each additional style in a series of marks costs approximately £30 - £45 extra.

Once a UK trade mark application is filed it is examined to determine whether it is acceptable as a trade mark, including whether there are conflicting earlier trade marks on the Registers. If the mark is acceptable it is advertised in the Trade Marks Journal for a 3 month period during which interested parties are entitled to object to its registration. If it is not opposed then the mark is registered.

Protecting and Registering Your Brand in the European Community

If you intend to trade in the future in other EU countries, it is important and cheaper to register from the start in the European Community. Therefore for slightly extra cost you get protected in 25 countries.
It is possible to register a trade mark for the whole of the EU by filing a single Community trade mark application.
It costs in the region of £4,500 to register an uncomplicated Community trade mark.
It takes an average of 18 months for a Community mark to be registered, assuming it is not opposed.
Unlike the UK system Community marks are not examined on prior rights, which means that owners of similar brands have to challenge each other as to who owns them.