Most of us have heard the term ‘Trade mark’ and have seen the little TM or an R symbol (the R is always in a small circle) next to a company or name. To clarify what these symbols mean; 

 

 ™ means that the business owner is using that company/product name, and/or accompanying logo design icon as a company trade mark, it does not mean that their logo design trade mark has actually been ‘registered’. 

 

Anyone can use the trade mark symbol if they want to and doing so helps to establish what is called ‘common law’ trade mark rights which will offer some degree of protection 

 

With common law you can potentially stop someone from using your trade mark if you can evidence that- the mark/name is yours- you have built up a business reputation using this mark/name- the other person’s use of your mark harms your business 

 

This is called ‘passing off’ and can be a very difficult and expensive procedure. By registering your mark, which is what I believe you are aiming at, taking legal action becomes much simpler and hence you are far more protected

 

The registration symbol you will have seen ®, can only be used alongside a company/product name and or logo design once that mark had been applied for and actually legally registered as a trade mark, affording the owner of the mark a lot more protection. To use this symbol when your mark has not be registered is an offence 

 

Having your product name registered as a Ltd company at Companies House does not mean that you have registered a trade mark for your company name and/or symbol. This is something different

 

'Registering' your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom, and putting the ® symbol alongside your product name warns others against using it 

 

It also allows you to take legal action against anyone who uses your mark without your permission and if you win your case Trading Standards Officers or Police are able to bring criminal charges against them 

 

A registered trade mark is your property, which means you can sell it or allow people to use it by licencing it 

 

Any application to register your trade mark must be for a name and/or symbol which is distinctive for the product and/or services you provide

 

An example would be that if you sell eggs you can’t register the trade mark name ‘eggs’, because that is just a general name for your product which is used by all and is not distinctive for your company only

 

You could however apply to register something like 'Fresh Eggs Direct', or 'Southgate Eggs 

 

- You can’t describe your products/services for your trade mark. As mentioned above…you can’t apply to trade mark ‘eggs’ just because you sell eggs

- Protected emblems such as official signs or crests, or 3D shapes that are typical of the goods/services you offer

- Marks/names that are offensive or against the law, or promote drugs etc

- Deceptive names/marks that seek to mislead the publi 

 

Once registered your trade mark will be in force for 10 years, afterw hich time you will be permitted to apply to renew your trade mark for a further ten years …and so on

 

If interested in registering a trade mark I’d recommend that visit and read through the useful guides at the Intellectual Property Office . This is indeed where you can also apply to register the name. 

 

soand you can apply online or acquire PDF application forms online if you prefer to post your application

 

You can if you prefer, and many businesses go this route, hire a trade mark lawyer to handle the application on your behalf, this may be especially recommended if you feel you may encounter difficulties or opposition when attempting to register your mark