What not to include when developing your trade mark

In contrast to the absolute must-haves in a successful trade mark, there is also some complete no-go elements that you need to keep very far away from to have the best chance at registration.

These are mainly in relation to how the mark is constructed and contains what can and cannot be included.

The first, hopefully obvious, point is that any mark you submit cannot be offensive in any way. This includes the use of any offensive language or adult content. Anything of this nature will be automatically refused by the UK Intellectual Property office.

Another section of content that cannot be included in any trade mark registration is protected emblems or symbols. This includes any representation, identical or similar, of any armorial bearing, flag or other state emblem, hallmarks as well as any representation of the Royal Crown or Her Majesty or any member of the Royal Family. Special permission can be given for the use of any word that indicates a business has Royal connection or authorisation, for example Royal Mail, but this is extremely rare and would not apply to any standard trade mark application.

The mark cannot be misleading in relation to the nature of the products in any way. This would include indicating the products you use or sell are organic when they are not.

Lastly, the mark cannot be descriptive of the product market or industry you trade in. The key feature of a trade mark is distinctiveness. Therefore, to allow a descriptive mark would create an unfair monopoly over generic words in that industry, preventing others from using them.

To conclude, the best step for you to take if you are unsure on how to construct your mark is to get in touch with The Trademarkroom.

By Ellis Sweetenham