Registering your mark as a start-up business

If you are looking to register a trade mark, as a start-up business, you have a number of options to consider when establishing your position.

Depending on where you trade and subsequently where you want protection, it determines what type of trade mark you are looking to apply for.

The three types are a UK trade mark; a Community Trade mark which gives protection in the 28 EU member states and lastly, you can apply for international protection for your mark.

These types have both their advantages and disadvantages especially in relation to start-up businesses.

UK trade marks

A UK trade mark is registered with the UK Intellectual Property Office and as it suggests only has jurisdiction in the UK. An application for registration of a mark in one class of goods or services costs £200. For a start up business, this is not a huge investment therefore it can be a cost effective way to gain protection over your brand. However it does to prevent anyone outside of the UK infringing your mark which could still have an effect on you.

Community trade marks

A Community Trade Mark (CTM) is a mark that is registered for all 28 member states of the European Union. The Office of Harmonisation of the Internal Market (OHIM) considers all applications for CTMs and charges the fee of €900 for a standard application. This can be the same mark you registered through a UK trade mark but as you can see the more protection it gives the higher the fee charged. If future expansion is high on your priority list, a Community Trade Mark can ensure that you have the security of knowing our mark is protected from infringement.

International Protection

A mark can be registered for a number of different international organisations through the Madrid system, which developed through the Madrid Protocol and Madrid Agreement. The application must stem from a previous registration through either the EU or in other international organisations such as African Intellectual Property Organisation. The Madrid System is the one-stop solution for trade mark holders to obtain and maintain protection in multiple markets. As a start-up business, this shouldn’t be on your radar. As this is the highest level of protection available, it is not only a complicated process but it also carries very high fees which are not compatible with a start-up business’s budget. This is definitely an area to keep in mind for the future if your mark becomes invaluable to your business but only when you can afford to do so.

For any additional information, contact The Trademarkroom

By Ellis Sweetenham