Commercial Article
11 September, 2019
In addition to dealing with UK Trade Mark registrations, we can support you with both EU and International Trade Marks.
A trade mark is a type of intellectual property consisting of a recognisable sign, design, or expression which identifies products or services of a particular source from those of others. The trade mark owner can be an individual, business organisation, or any legal entity. A trade mark may be located on a package, a label, a voucher, or on the product itself. It is legally recognised as a type of intellectual property and can add a level of protection and value and professionalism to your business.
Once registered trade mark status is obtained, it is possible to use the ® symbol to designate registration and the registering body will notify you should a third party seek to attain infringing registered rights.
An EU Trade Mark (EU wide) will protect you in those countries forming part of the EU. Whilst this may not include the UK in the future, the government will ensure that rights in all existing registered EUTMs will continue to be protected and to be enforceable in the UK by providing an equivalent trade mark … this is unless we leave without a deal!
Considering the number of countries covered by at EUTM, application fees are relatively modest, with the online fee for applying to register a trade mark being €850 for one class, with an additional €50 payable for a second class and €150 for each additional class thereafter.
Ahead of preparing your application, we can assist with carrying out searches determine whether there are any potentially conflicting trade marks, report our findings to you and recommend which classes of goods or services we believe would be most suitable for you.
An international trade mark will protect you in countries which are a party to the Madrid Protocol - currently more than 100, including the USA, Australia and members of the EU. The fees for entering an international application will depend on the trade mark which you have first registered in the UK (i.e. dependent on the number of classes) and the countries in which you wish to register your mark as the fees vary from one country to the next. We are able to provide you with the relevant application fees and our professional fees once we have gathered further information on the trade mark you are seeking to register and scope of protection which you would like to achieve.
For more information contact John Pickervance in our Commercial department via email or phone on 0333 207 1134. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
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