How do I register a Trade Mark?

With few exceptions, trade mark protection must be obtained on a country by country basis. In Europe, however, there is now the Community Trade Mark, which provides a single registration covering all 27 European Union states, including of course the United Kingdom

Trade mark applications at the U.K. and Community Trade Mark Offices are examined and objections may be raised by the examiner. When any such objections have been overcome, the application is published, so that anyone objecting to the application can oppose the application. If no opposition if filed within three months of publication, the trade mark is registered.

A straightforward U.K. application may be registered within a year. However, in the United Kingdom damages for trade mark infringement may be back-dated to the filing date.

If you can register a trade mark, so can others. We strongly recommend that searches are done at an early stage to check that the trade mark has not already been registered by others to avoid wasted expense in an abortive product launch and a writ for trade mark infringement.