Trade Mark

A trade mark is a sign used to identify and distinguish the goods or services of one business from those of another. Under section 1 of the Trade Marks Act 1994, a 'trade mark' means any sign which is capable of being represented in the register in a manner which enables the registrar, other competent authorities and the public to determine the clear and precise subject matter of the protection afforded, and of distinguishing goods or services of one undertaking from those of other undertakings; the Act notes that a trade mark may in particular consist of words, including personal names, designs, letters, numerals, colours, sounds or the shape of goods or their packaging. In practical guidance, the Intellectual Property Office confirms that a trade mark can include words, sounds, logos, colours, or a combination of any of these.

Not everything can be registered. A mark cannot simply describe the goods or services it relates to, for example using the word 'Apple' for a company which sells apples, cannot be too common and non-distinctive, cannot be offensive or misleading, cannot be just a generic shape associated with the business, and cannot make unauthorised use of national flags or official emblems. A mark may also be refused if it is the same as, or similar to, an existing trade mark covering the same goods or services.

Registration is made with the UK Intellectual Property Office and gives the owner the ability to take legal action against unauthorised use of the brand, including counterfeiting, to display the ® symbol, and to sell or license the brand. Registering a trade mark costs at least £205, more depending on how many classes of goods or services are covered, and the process usually takes 3 to 4 months if there are no issues. A trade mark lasts 10 years, and must be renewed every 10 years for it to stay in force; UK registration protects the brand in the UK and the Isle of Man only, with separate routes needed for protection elsewhere.