Trade marks are legally protected symbols, logos, names, or phrases that distinguish goods or services of one business from others. They provide exclusive rights to the owner, preventing unauthorised use by competitors.
Registered with the Intellectual Property Office, trade marks safeguard brand identity, foster consumer trust, and promote business recognition in the market.
If you are looking to trade mark an aspect of your business, or enforce your rights, our expert trade mark solicitors can help you and protect your interests.
At Preston Redman, we regularly work with clients from Bournemouth, Poole, across Dorset and beyond. Our team will be happy to advise you over the phone, via email and through video conferencing, as well as in person for your convenience.
How our trade mark solicitors can help you
Our trade mark solicitors can aid with matters such as:
- Trade mark applications
- Commercialisation
- Infringements, disputes and enforcement
Get in touch with our trade mark solicitors in Bournemouth
To speak to one of our friendly, highly experienced trade mark solicitors, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
Our trade mark expertise
Applications
Applying for a trade mark involves the process of seeking legal protection for a symbol, logo, name, or phrase that distinguishes goods or services.
An application will need to be submitted to the Intellectual Property Office, including relevant details and fees. The application undergoes examination, publication, and potential opposition, ultimately leading to trade mark registration if approved.
Our trade mark solicitors in Bournemouth can provide valuable assistance in applying for trade marks. We guide clients through the application process, ensuring compliance with legal requirements and maximising the chances of successful registration. Our solicitors conduct thorough searches, advise on trade mark classes, assist with drafting applications, and handle any objections or disputes that may arise during the registration process.
Commercialisation
The commercialisation of a trade mark refers to the process of leveraging the trade mark's value and turning it into a revenue-generating asset. It involves licensing or assigning the rights to third parties, franchising, co-branding, or using the trade mark as a marketing tool to enhance brand recognition, expand market reach, and generate business opportunities.
Our trade mark solicitors in Bournemouth can play a crucial role in the commercialisation of trade marks. We assist in drafting licensing agreements, negotiating contracts, and ensuring legal compliance.
Our solicitors can provide guidance on brand expansion strategies, intellectual property valuation, and protecting your trade mark's integrity. Our expertise facilitates effective and profitable commercialisation of trade marks while safeguarding your rights.
Infringements, disputes and enforcement
Infringements, disputes, and enforcement of a trade mark involve protecting the rights of trade mark owners. Infringements occur when unauthorised use of a trade mark takes place, leading to legal disputes.
Our trade mark solicitors can help to resolve disputes through negotiation, mediation, or litigation, and they ensure proper enforcement of trade mark rights, including issuing cease and desist letters and seeking remedies such as damages or injunctions.
Our trade mark infringement solicitors in Bournemouth can provide vital assistance in handling infringements, disputes, and enforcement of trade marks. We analyse the situation, advise on legal options, and initiate appropriate actions to protect your trade mark rights.
Our solicitors engage in negotiation, mediation, or litigation, representing your interests and seeking remedies to resolve disputes and enforce trade mark rights effectively.
Common questions about trade marks
How to trade mark a name?
To trade mark a name, it is advisable to follow these general steps:
- Conduct a trade mark search: Verify if the name you intend to trade mark is already in use or similar to existing trade marks. This helps avoid potential conflicts.
- Determine the trade mark class: Identify the appropriate class(es) under which your goods or services fall. The UK Intellectual Property Office has a classification system that categorises different industries.
- Complete the application: Submit an application to the IPO, either online or by mail. Provide accurate details about the name, its representation (e.g. logo or wordmark), and the relevant trade mark class(es).
- Pay the application fees: The IPO requires a fee for trade mark registration. Ensure timely payment to proceed with the application process.
- Examination and publication: The IPO examines your application to assess its compliance with legal requirements. If approved, your trade mark will be published in the Trade Marks Journal for a period, allowing others to oppose its registration.
- Opposition period: If no objections are raised during the opposition period (usually two months), your trade mark will move forward for registration.
- Registration and protection: Upon successful completion of the process, your trade mark will be registered under the Trade Marks Act 1994, granting you exclusive rights to its use within the specified class(es). Remember to maintain and renew your trade mark periodically to keep it in force.
While this guidance provides an overview, it's advisable to consult with a trade mark solicitor or seek professional advice to ensure compliance with specific requirements and maximise the chances of successful trade mark registration.
What does a trade mark protect?
A trade mark offers legal protection to various elements that distinguish goods or services. It safeguards brand names, symbols, logos, slogans, or even sounds that are unique to a particular business.
The protection provided by a trade mark enables the owner to prevent others from using similar marks that may cause confusion among consumers. It safeguards the brand's reputation, identity, and commercial value.
Trade marks grant exclusive rights, allowing businesses to build brand recognition, establish customer loyalty, and differentiate themselves from competitors. The protection extends to various industries and plays a pivotal role in fostering trust, promoting fair competition, and stimulating innovation in the marketplace.
What is the difference between copyright and trade mark?
Copyright and trade mark serve distinct purposes. Copyright protects original works of authorship, such as literary, artistic, or musical creations, giving the creator exclusive rights over reproduction, distribution, and public display. It arises automatically upon creation, providing a time-limited monopoly.
On the other hand, trade marks protect symbols, logos, names, or phrases that distinguish goods or services. They require registration and grant exclusive rights to the owner to prevent unauthorised use by competitors.
Trade marks focus on brand identity, distinguishing businesses in the market, while copyright centres on protecting creative expressions and artistic works.
How long does a trade mark last?
Once registered, a trade mark can last indefinitely as long as it is renewed and remains in use. Initially, trade mark registration is valid for ten years from the filing date. After that, it can be renewed indefinitely in subsequent ten-year periods.
To maintain the trade mark's validity, the owner must file renewal applications 6 months before the expiration date or up to 6 months after and provide evidence of continued use in commerce. If a trade mark has expired over 6 months ago, it is no longer possible to renew your trade mark online, however, it may still be possible to restore the trade mark by post.
By fulfilling these requirements, owners can enjoy ongoing protection for their marks, ensuring the longevity and exclusivity of their brand identity under trade mark law in the UK.
How much does it cost to trade mark a name?
The cost of trade marking a name depends on various factors. For a standard online application using the UK Intellectual Property Office's services, the fee starts at £170 for a single class of goods or services. A fee of £50 applies for each additional class.
Hiring a trade mark solicitor will incur professional fees on top of the official application costs. It is advisable to consult with a trade mark professional to understand the specific requirements of your case and obtain an accurate estimate of the total costs involved in trade marking a name.
Why choose Preston Redman’s trade mark solicitors?
Preston Redman is recognised as one of the leading trade mark law firms in Dorset specialising in providing legal services to both companies and individuals.
The firm has over 140 years of experience in advising clients locally in Bournemouth, Poole and across Dorset, as well as throughout the UK and overseas.
We have invested in great people and resources and this, combined with our wealth of experience, means that we are able to offer technical expertise to deliver the most effective legal solutions for you and your business.
Our trade mark solicitors’ fees
Fixed fees
We can deal with many trade mark matters on a fixed fee basis. This means we will agree a price at the outset and, as long as your needs do not change, then this is exactly what you will pay, with no hidden costs.
Hourly rates
For more complex matters, it may be more appropriate to work on an hourly basis. This allows us to give exactly the level of support you require while you stay in complete control over the costs involved. We offer competitive hourly rates based on the level of expertise you need.
Get in touch with our trade mark solicitors in Bournemouth
For more information about how we can assist with your business and personal legal needs, please take a look at our services or contact our Bournemouth office.