Your trade mark is one of the most important assets in your business. It helps customers recognise your brand and protects what makes you unique.
Choosing the right trade mark from the start can save you time, cost, and risk later on. The guidance below highlights what to do, and what to avoid, to give your application the best chance of success and make sure your mark works for you long term.
Do
choose a distinctive mark, invented or unusual words offer stronger protection
carry out clearance searches to check the mark is not already in use
provide a clear representation of your mark in the correct format
consider how you will use your mark in the long term, including on packaging and online
think ahead about international expansion, where relevant
use your trade mark consistently once it is registered
renew your trade mark on time, protection lasts for 10 years
keep your contact details up to date so you do not miss important notices
Don’t
choose descriptive or generic terms
use marks that imitate or closely resemble existing marks
include protected symbols or purely promotional phrases
choose marks that cannot function as trade marks, such as generic shapes
use marks that are offensive or misleading, these are likely to be refused
ignore classification rules, as choosing the wrong classes can limit your protection
leave your mark unused, it may be cancelled after five years
assume protection is automatic, you need to monitor and act on potential infringement
You may also wish to seek professional advice from a registered trade mark attorney, who is a qualified and regulated professional.
