I want to register my trade mark- where will be best?

When you have developed a new trade mark and are starting up a new business, it is important to make the right decision as to where you should register the mark.

There are a number of options available to you with varying fees and protection levels. The three levels of protection you can gain are as follows. You can register your mark for protection in just the UK, for protection across the member states of the European Union and you can also gain international protection for your mark.

The most common and straightforward application is for a UK only registered trade mark. As the name suggests you can only protect against any infringement or third party use within the UK. The application will be submitted through the UK Intellectual Property Office and carries a fee of £200 for a basic application. This application allows for your mark to be registered under one class of goods or services. Any further classes needed demand a further £50 fee. As previously stated, this registration will only cover you in the UK therefore if you are looking to expand your business further into the EU in the near future, this application may not be best for you. However, many people see much success with a UK trade mark in preventing unauthorised third party use within the country.

The next level of protection available to you is EU wide registration. By registering your mark, you will achieve a Community Trade Mark. Please be aware that from the 23^rd March 2016, the EU system will be changing which includes a new name for CTM’s, soon to be known as European Union Trade Marks. There will also be a slight change to the fees to be paid. More information can be found in a previous article found here:

http://www.trademarkroom.com/blog/item/the-new-eu-trademark-what-you-need-to-know-about-changes-in-fees

At present, the fees for submitting a trade mark application in the EU are €900 for up to 3 classes of goods or services. After the 23^rd, this will drop to €850 for an application for one class. For a company that is considering expansion in the future, by submitting an EU trade mark application, you are protected in 28 countries which can open doors in terms of where your business develops to.

Lastly, you can gain international protection for your trade mark through the Madrid System. This allows you to register your mark with a number of international organisations across the globe and is a one stop shop for widespread protection. This high level of protection does come at a cost and is calculated based on your specific requirements. This should only really be considered if it is necessary and you are a well-established brand that can foot the bill.

For more information or guidance, get in touch with The Trademarkroom.

By Ellis Sweetenham