How do I get a trademark?

If you have a brand- you have a trademark and it could become one of the most important assets you own. Trademarks are not just for big companies- all businesses/individuals should consider the question- can I protect my brand with a trademark?

The two most important questions to consider when thinking of a brand name are a) is it available and b) can it function as a registered trademark?

Both these questions go hand in hand. You want to be able to protect and enforce your trademark as time goes on- this means you need to think about they inherent registrable quality of your brand i.e. it is distinctive and non descriptive. Think Apple for computer products or Kodak for cameras- both great brands. You should also make sure it’s available. You can research its availability on the internet for unregistered rights and the free Intellectual Property databases to see if it’s registered. Alternatively we can carry out full searches to advise you on your marks availability and registrable quality.

Although a trademark report is very useful, it doesn’t eliminate risks. However once we feel satisfied we have searched as much as is possible you can then proceed to file your trademark in your chosen territory.

You can file your trademark in the UK only- but if you are trading overseas you should consider either OHIM (CTM) or the Madrid Protocol. We have our own US attorney and can file on the US direct.

Please get In touch if you’d like a free consultation.
jane@trademarkroom.com
www.trademarkroom.com