What should I avoid when creating my trade mark?

When developing your mark, it is essential you have the best chance of being accepted registration.

Therefore, there are a number of elements that you should avoid.

If you were to include these in your trade mark, your application to the UK Intellectual Property Office will be refused and you will lose all fees paid.

The key to a successful trade mark is distinctiveness therefore if your mark is descriptive of the goods it represents or the industry you trade in; it is likely that your mark will be refused. It is essential that your mark is unique and can cast you apart from those who are your competitors in the market.

In addition, there are a number of protective emblems that can also not be included in a registered trade mark. These include any inclusion of armorial emblems, any mention of the royal family or their approval of a business, any flags or nation emblems as well as any abbreviation linked to international organisations.

Any mark that contains any of the above will be automatically refused under the absolute grounds for refusal under the Trade Marks Act 1994.

Another key element that cannot be included in a registered trade mark is offensive language. Any words or phrases that can been deemed to be offensive or that cast an undesirable light on any other person or business will also be refused under the absolute grounds.

Under the 1994 act, there is also the relative grounds for refusal. These state that any attempt to register a mark that is identical or similar to a mark that has already been registered will also be refused.

Any of the above will be refused by the UK Intellectual Property Office if they appear in a trade mark application.

For any additional guidance or assistance in submitting your application, The Trademarkroom will help you every step of the way.

By Ellis Sweetenham