If your trademark a does not have a distinctive word, logo, picture or other sign that clearly identify your goods or services from those of other traders it will be rejected. Similarly if someone else has already registered or applied to register a trademark which looks or sounds the same or similar to yours for the same or similar goods or services you can forget it.
Remember, once the application is made the details, including your name and address will appear on the records. Words, logos, pictures or other signs which are unlikely to be seen as a trademark by the public will also be rejected. For example ‘7 days a week’ would be an unacceptable trademark because many traders advertise that their goods or services are provided seven days a week. A trademark called ‘Tastyfood’ would be discarded because if you are trading in food these two words simply describe a quality of your goods. Trademarks with the words ‘direct’ included would not be allowed, because the word describes goods or services sold directly to the public and is widely used by traders. It wouldn’t matter what other word was used with direct, it still wouldn’t be allowed. Slogans are often used in trade and are therefore not distinctive.
So, to avoid rejection make sure the trademark is distinctive to identify your goods or services from others. One easy way of doing this is to make up words, logos or pictures. Invent words or use two dictionary words together. These would normally be unique. And you can still add a descriptive word such as cafe or handbag etc. because the distinctive made up word would be enough to be seen as a unique trademark. The Search and Advisory Service can give a definite opinion. Don’t forget that you cannot alter your trademark once the application is sent and each case is considered on its own merits.
In the UK words, logos pictures and other signs which are unlikely to be seen as a trademark by the public just because they are, for example, in an unusual typeface, or in colour, or joined together or misspell (e.g. ‘fone’ or ‘xtra’). Internet domain names, or with the words ‘.com’, ‘co.uk’ would not be acceptable. Registering a company name at Companies House or an internet domain name with a register does not mean it will automatically be accepted as a trademark either. Marks which are three dimensional, or have specially protected emblems, are offensive, deceptive, or are against the law, (for example promoting illegal drugs) will all be dismissed.
To find out if someone has already registered or applied to register a mark which is the same or similar to yours, you can apply to the UK Intellectual Property Office for help. This will also tell you if your mark is not distinctive enough or whether other objections will be raised. This will give a definitive opinion before you apply to register. Alternatively you can search the Trade Marks Register yourself before making an application. This register is held on computer databases and is available in Newport and London. However, if you do use these facilities you are fully responsible for carrying out a proper search and interpreting the results. There is also a text search facility on the website which can find identical marks or marks starting with the letters you type in. It is not a full trademark search though, so beware. There are lots of companies offering trademark registration if you don’t want to do it yourself. Search around and remember the cheapest may not necessarily be the best.
Remember, once the application is made the details, including your name and address will appear on the records. They will also be included in the Trade Marks Journal if the application is accepted. Both are available on the website for everyone to search and see.
