What is a Trade Mark?

A trade mark is your brand – a sign that can distinguish your goods and services from those of another business. A good trade mark is one which is not similar to an existing trade mark, either in look or in sound; it does not describe what you do and is not customary in your line of trade. It forms a critical part of your intellectual property rights.

What kind of sign can be a Trade Mark?

Words, pictures, smells, shapes and colours can all be trade marks. A trade mark can be anything that can be represented graphically. Words and pictures (logos) are the most common sort of trade marks. Sometimes other things can be trade marks if they can be graphically represented, such as smells (written as a chemical formula), sounds (written as music or shapes of sounds), 3-d shapes (by drawings of them) and colours (as identified by a pantone colour number).

Consider the following:

• Is your trade mark a distinctive word, logo, picture or other sign that will clearly identify your goods or services from those of other traders? If the UK Intellectual Property Office don't think it is, they will object to your mark.
• Has someone else already registered or applied to register a trade mark that looks or sounds similar or the same to yours or similar or the same goods or services? If so, the UK Intellectual Property Office will object to your mark.
• Is the mark likely to be deemed by the UK Intellectual Property Office as "too descriptive" (ie describing your goods or services or any characteristics of them) or as "not distinctive"? If so, they will probably object to your mark. Conversely, invented words or words that aren't associated with your goods or services are deemed as highly distinctive and are often granted trade marks.
  
  For example, if you wanted to register, 'Quality Web Design' as a trade mark, or 'Tasty Pies', or 'Beds Direct', your mark would be objected to for those reasons. 'Quality Web Design' is too descriptive as it describes what you do exactly. Similarly, 'Tasty Pies' wouldn't work as you are describing the quality of your goods AND describing what you are selling. While 'Beds Direct' would be objected to because the word 'direct' describes goods or services sold directly to the public and is widely used. The kind of goods being sold are also described. However, 'Farmcos Quality Web Design' might be considered to be distinctive enough, as the public would see 'Farmcos' as being the trade mark. Furthermore, the addition of an invented word, logo or picture could make your mark more distinctive and therefore enable the UK Intellectual Property Office to consider it.

So, ensure your trade mark sign is a distinctive world, picture, logo or other sign that clearly identifies your goods or services from other businesses. You can use the UK Intellectual Property Office's Search and Advisory Service to give you a definite option as to whether your trade mark is distinctive enough. 

Why choose our Trade Mark Lawyers?

We are the only local law firm in the area providing London quality trade mark law advice at local prices – making previously specialist intellectual property advice affordable to large and small businesses alike.

Contact our Trade Mark Lawyers

We advise clients on trade marks in Hampshire, Wiltshire, Somerset, Dorset, and throughout the UK. Our trade mark lawyer can meet you in our Salisbury or Andover offices. Alternatively our lawyers can advise you wherever you live nationwide through phone and e-mail instructions without having to see you.

For expert legal advice, contact Laura Trapnell, our trade mark lawyer in our Salisbury office today.