Choose the trade mark that is best for you!

When you are protecting your business with a trade mark, you need to ensure that you are pursuing the best avenue.

A trade mark is the best way to ensure that your brand is protected, however you need to ensure that you are focused on registering he right trade mark for you otherwise it may jeopardise its effectiveness.

You need to consider the scope of protection you are looking for as this will effect where you will be registering your mark.

This will greatly affect what trade mark application you need to make.

The first option for you is a UK trade mark registration. This, as the name suggests, will only protect you against any third party use of an identical or similar mark within the UK. This is the first stop for many businesses looking to gain a level of protection but on a limited budget. For registration of one mark in one class of goods or services, the fee is £170. This allows you to build a reputation and create a brand that your consumers can recognise you from.

For a further level of protection, you can register your trade mark in the European Union. This allows you to protect your mark in all 28 member states through one application with the EU Intellectual Property Office. You need to ensure that if you are going to register a trade mark in the EU that you are using it effectively so consider this an option after your business has expanded into mainland Europe. Depending on the effects of Brexit, you could use an EU trade mark application to cover its use in the UK, however it is recommended that you submit two application, in both the UK and the EU, to ensure the best level of protection. This application does have a higher fee than a UK application but does offer a wide spread protection.

Lastly, you also have the option to protect your mark on a more global scale. Through the Madrid System, you can submit one application to numerous organisations across the global, including the US Patent and Trade Mark Office and the African Intellectual Property Organisation. As this gives a high level of protection, is does carry a high fee. We recommend that you only consider this when you have an established brand.

For more information or guidance, contact Jane at The Trademarkroom.

By Ellis Sweetenham