How to create a successful trade mark

Outlined in this article are a number of ways to ensure that your trade mark will be successful.  Absolute certainty on an application can’t always be achieved but positive steps can be taken when deciding on your mark to give the application the best chance possible.

1. Distinctiveness is key - When designing the mark, the more distinctive it is, the more it will stand out from competitors. If a mark is too descriptive of the goods or services it represents then it is highly likely the Intellectual Property Office will reject the application. To create a clear brand that sets you apart from other businesses in the area of work that the mark will be registered for, try inventing a word or creating a logo that is not directly linked to the class of goods or services. Many famous and hugely successful brands with registered trade marks have gone down this route, for example Apple, Yahoo and Google
2. Avoid a clear link with a certain industry- Similar to the point made above, do not restrict yourself from any further developments of the company but linking your mark with a specific industry. Businesses expand into different sectors all the time that may be quite different from the original venture. Therefore don’t limit the growth of your company into other areas by registering a industry specific mark.
3. Similarity to existing registered trade marks is a no go- If your proposed mark is similar, or even identical to another mark that has already been registered in the same or similar class of goods or services, then your application will be refused. Benefitting from another company’s reputation and goodwill by insinuating a link is frowned upon and will have very limited ability of being successful. If you are a new business emerging on the market, it may seem a good way of getting a boost of awareness but it will only create issues for you. Create a clear brand that is only linked to you to ensure you are seen as independent from any other registered mark. As well as this, any success you then receive can only be accredited to you.
4. Always seek legal advice when you are submitting your application- Nobody can give you better advice than the experts. When making such an investment for your business, always instruct a solicitor to act on your behalf to ensure you have the highest rate of success you can. Trademarkroom with a wealth of experience is the right pair of hands to ensure your business has the best marketing possible.

 By Ellis Sweetenham