Trademark Applications (UK and Other Jurisdictions)

Once you’ve decided on your brand and how it will work for your business, the next step is to consider how best to protect it. The trademark application is where that protection actually gets put in place. We handle applications both in the UK and in other jurisdictions, checking what’s available and filing in the right classes to ensure that your brand works for you.

What is a trademark?

A trademark is a sign, a word, logo, slogan or other distinctive mark that sets your goods or services apart from someone else’s. It can protect more than your trading name: words, logos, slogans, product names, packaging, shapes, colours and sounds can all potentially be registered. Early advice helps you work out which elements matter most and what should be prioritised.

Do you need to register?

Registering isn’t compulsory, but it is a fairly low-cost step to invest in your brand and to reduce the legal and commercial risk. Goodwill builds naturally over time, and without registration it may be possible to rely on the common law right of passing off. However, that route is harder to prove for any new business without any certainty and gives weaker protection. A passing off action relies on proving the existence of goodwill, misrepresentation and actual damage. Trademark registration gives you a clearer right to stop competitors copying your name or something confusingly similar to it, rather than relying on evidence of an established reputation and proving the misrepresentation.

A registered trademark also creates a tangible asset that can bring value to your balance sheet.

The UK application process

We carry out clearance searches before you file, checking whether your mark is available and whether earlier marks might give rise to objections or a claim of infringement. This can save wasted filing costs and flag early whether the brand needs to change before launch. The UK Intellectual Property Office oversees registration, and the process typically takes three to four months. We identify the right goods and services classifications for your application, and where potential risks or conflicts come up, we help you narrow the scope or adapt the brand.

International trademarks

Every jurisdiction has its own rules and its own office for registration. If you’ve already registered domestically, we can help you apply for an international trademark through the World Intellectual Property Organisation or in the actual jurisdiction, and advise on risk as you expand into new territories. Trademarks can sometimes coexist across different classes and jurisdictions, but you’ll need advice before assuming that applies to you.

We can:

• identify the names, logos and product lines worth protecting
• carry out clearance and availability searches before you file
• prepare and file applications in the right classes
• respond to examination reports and objections, and negotiate a way through where similar marks already exist
• file international applications and advise on risk in other territories
• manage a wider trademark portfolio, including watching for potential misuse

Get the application right the first time, and there’s less to unpick later.