For tech businesses looking to expand into international markets, a registered trade mark is a vital tool for the success of that company. Trade marks help to establish trust with your customers and attach your trading reputation to your product or brand.
For tech businesses looking to expand into international markets, a registered trade mark is a vital tool for the success of that company. Trade marks help to establish trust with your customers and attach your trading reputation to your product or brand.
A registered trade mark is an internationally recognized symbol of approval and makes it easier to connect with audiences in places where there may be less brand recognition and familiarity with your product.
Registering a Trade Mark—How Does it Work?
The first individual or company to file a trade mark is allowed exclusive use of the aspect that has been trade marked, whether that is a name, logo, image, etc. provided it is registered successfully.
In order to successfully register a trade mark in the UK, you need to send an application to the IPO or Intellectual Property Office.
Registering a trade mark is in fact relatively inexpensive, especially when considering how much of a valuable asset it could be, in some cases the most valuable asset a company owns (full details and a breakdown of the costs can be found here).
It is therefore recommended that filing for a trade mark is done early, partly to make sure nobody else gets in there first after getting wind of the idea or hearing about the brand name, or even just by chance coming up with the same name or concept.
You can use the Ⓡ symbol once the trade mark has been registered to let people know that your brand is protected.
The ™ in superscript can be used to show it is being claimed as a trade mark, prior to registration.
Trade marks can essentially last forever although they need to be renewed every 10 years in order for you to retain full rights and ownership of the trade mark.
What if My Chosen Brand or Company Name is Already Taken—Does That Mean I Can't Register the Trade Mark?
When you are looking to register a trade mark it is important to first search through the list of registered trade marks to make sure that your chosen name has not already been taken.
If your tech company name is already on the list of registered trade marks, don't panic—it might not necessarily be the end for your chosen concept or name you want to trade mark.
It is important to check which class the registered trade mark with the matching name is under.
When a trade mark is registered, this means that no other company can sell that brand name for the specific class of that product. For other classes or categories of products, however, it may be possible to register the trade mark under your first choice of name.
For example, if I own a tech company and am looking to obtain a registered trade mark for the company name “TechStar”, I would first look through the list of registered trade marks under that name.
If the name TechStar is already registered but in a different category or industry, for example, it could be a clothing brand, then in that case there is still a chance that the name could be registered under the different class of products I am offering.
If an identical brand name exists but under a separate category, it is normally advisable to consult with your business lawyers, to make sure it is a valid option. You don't want to go through the whole registration process to be ultimately rejected by the IPO when your legal representatives could have highlighted that issue from the start.
What Can be Trade Marked?
For the most part, this article will use the example of a company name as the thing that is being trade marked. However, this is by no means the limit of what can be registered with the IPO.
Apart from company names, aspects that can trade marked can include logos, patterns, and combinations of color, even a specific sound or motion can be trade marked.
Why do Businesses Need Trade Marks?
For tech businesses, especially those looking to expand abroad, the trade mark is an important asset that establishes trust internationally.
A trade mark makes it easier for the customer to find and recognize your brand, whilst preventing others from copying your work or piggybacking off your own success.
Furthermore, with an established trade mark you can take legal action against anyone who uses your brand without your permission, such as counterfeiters.
Also, it is only possible to sell and license your product or brand once it has been registered as a trade mark.
How Much Does it Cost to Register a Trade Mark in the UK?
In order to register a trade mark with the Intellectual Property Office in the UK, the fees are relatively inexpensive when considering the level of international trust that can be established. The full breakdown of fees is as follows
£170 standard fee for a trade mark in a single class of products
£50 additional fee for registering in multiple classes, (£50 per each category you want to register the trade mark in)
Can I Register a Trade Mark Myself?
Although it is technically possible to register the trade mark yourself, the same can be said for representing yourself in a criminal court—technically, you are allowed to do it, although this would not necessarily be the recommended course of action.
There are several advantages to allowing your business lawyer to handle the trade mark registration process, including
- Your legal representatives can let you know early on in the process if the options you are looking at are valid or if it will be a lost cause in terms of getting the trade mark approved and registered
- Business lawyers will conduct their own in-depth market research to ensure that the trade mark will not be rejected by the IPO
- Once satisfied that the IPO will be able to legally register the trade mark, your business lawyer can handle the process of registration for you, giving you the best chance to gain a successful application
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.