Trademark Registration to Protect Your Brand Identity
Register your trademark to quickly establish and protect your brand.
What is a trademark
A registered trademark implies that a company has chosen to legally register its identity and branding with the authorities in that jurisdiction. When done correctly, trademark registration protects your goods and services from getting copied by other brands.
Trademark classes
When you consult with FormationWise for the first time about trademark application, we will first explain that you can register trademarks within different “classes.” A class, in this case, refers to a category used to classify different goods or services.
Are there limitations
The jurisdiction notwithstanding, a registered trademark isn’t allowed to be descriptive. As such, it can’t include a geographical name, a name of a registered business, or a common surname. Additionally, the trademark shouldn’t imply any royal form of royal patronage. During the application process, the consultant working with you will inform you that a trademark should at no point infringe on an existing one. And this means that FormationWise will have to conduct a trademark name search as the registering company.
What is the point of the research
The search will occur in a database that’s linked to the Intellectual Property Office, which is the governmental organization in the UK tasked with trademark registration online. This search aims to prevent you from infringing on an existing trademark name.
Place your order
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Select the offshore accounting package for your desired jurisdiction
Simply choose the offshore accounting and auditing package for your desired jurisdiction by filling out our form, by call or by placing an order on our website
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Make payment
After finalizing the right package, make the payment for your chosen services and send us your financial details
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Send your documents
Forward us all the necessary financial documents through an email with the documents attached or by phone
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Start the process
Once we receive the payment and the required documents, our team will start working on the accounting or auditing service that you have ordered in your chosen jurisdiction
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Get it done
Depending on whether it’s a one-time task or an ongoing financial project, our offshore accounting partners will get the job done in your new jurisdiction
Choose your jurisdiction
Formationwise can assist you to incorporate a company in the below international jurisdictions:
Our Trademark Registration Services Include
Thorough Research on Your Chosen Name
If you’re considering brand registration, we’ll need to perform an international trademark search online before the process begins. A search of this nature allows us to determine whether another company has registered or applied to register a similar mark. The search also helps reveal whether other competing products are in the same classes as yours. Our search will involve checking trademark databases and other online registers to confirm that no earlier marks exist, guaranteeing you won’t be in infringement. Every search we conduct on behalf of our clients is meant to be thorough and usually transcends registered marks. Our goal is to confirm that there isn’t a similar unregistered mark already in use, as its owner can use common law rights to protect it against being passed off.
Preparation of Relevant Documents
During the logo registration process, there are certain details that you’ll need to provide for the process to proceed. For example, you must provide details of your desired trademark, including a list of the goods and services you want to use with the registered logo. While it’s possible to do this on your own, the process can, in most cases, prove to be tedious and time-consuming, especially for a person doing it for the first time. For this reason, you can trust us to prepare all the documents you need to send to the IPO. The preparation process is thorough and ensures all documents are ready to avoid unnecessary details. Remember, failure to provide all the details needed may cause the process to break down, forcing you to start it from scratch.
Trademark Application Filing
After we have prepared all the documents that are needed for the brand name registration process, our consultants will contact you to go through the draft submission process. At this stage, we will need you to go through the process before we can make any submissions. Your approval is needed, and it’s only after we have received it that we can proceed with the application. Once we hand in the application to the corresponding trademark-registration office, we will keep you notified of any status changes that may arise in your application. Please note that your protection will begin from the moment we submit the application. The logo registration forms we submit will retain priority all through the registration process, ensuring that your competition can’t use or try to register a similar logo or brand name. The earlier filing date is what will protect your trademark, brand, and logo in the future.
Trademark Renewals and Restoration
It’s not uncommon to find a client wanting to know whether they will need to pay a grant fee for a registered trademark. Our answer to this is always an absolute NO. With regard to renewals, you should note that every registration completed in the UK is valid for ten years. Furthermore, every registration that’s approved today will remain renewable for successive durations of ten years. If you already have your registration, please note that you’ll need to file an application for renewal at least six months before it expires. The IPO notes that holders can renew it within six months after its due date, provided they have already paid all corresponding surcharges. Failure to do so means that it will become available once again and that anyone can register to use it. We can assist you with the renewal process to ensure you won’t lose it to a competitor.
Trademark Protection
Trademarks in the UK are typically protected via the Government’s portal. It’s the same portal where you conduct a trademark name search. Please note that other jurisdictions have their own systems for processing trademark applications and protecting the same. As a rule of thumb, trademarking a name in multiple jurisdictions is always a good practice, especially if you plan to grow the brand in the coming years. Luckily, the EU has a system for registering brands that covers all its member states. Its presence eliminates the need for you to have to complete separate trademark registration online applications for every country you want to operate in. On the same breadth, an international system exists that you can use to register your trademark in different countries. Our experts will guide you on what you have to do to complete registration in several jurisdictions using a single application. Once your trademark gets approved, you’ll now be free to use the ® symbol in your business operations.
International Trademark registration
The principles applied for brand registration abroad are not very different from those used in the UK. The laws and procedures used in each jurisdiction vary, so you’ll need to consult a professional who understands each process. In almost every jurisdiction we are conversant with, trademark rights become available on registration. As a result, it’s not wise to rely on “use laws” to protect your brand rights in the international market. It’s best to submit your application as soon as possible. Currently, you’ll need a separate application in the jurisdictions where you want to trade. But there are also two international systems in use today that you may need to be familiar with when trying to trademark business name: I. The EUTM system (it covers all 27 countries in the EU) II. The Madrid Agreement and Madrid Protocol Systems Our consultants can advise you further on each of these systems.
Why Register Your Trademark?
Failure to register a trademark means that someone else can, in fact, apply and continue to use the registered logo. As a business owner, such a move will immediately put your business and any products you have under development at risk.
By completing the logo registration process, you become better placed to protect your brand. Other benefits that come with a registered trademark include the following:
It boosts your freedom to conduct business
When you don’t register a brand name, you increase the likelihood of another person using it to operate in a neighbouring country. While most of these conflicts aren’t intentional, they can prove costly and problematic to your business operations, especially when planning an expansion.
Avoid having to make unnecessary changes
If a situation arises where you have to change your business name, you’ll find that this can be costly and inconvenient for your company. Remember, a lot of time, effort, and resources go into marketing a brand, and starting from zero can cost you any public goodwill you have.
It allows you to build better partnerships
When operating in a new market, you may find yourself being forced to trademark your products before the locals can engage with you. This is particularly true in Asian markets, as the local partners don’t want to find themselves in a situation where their goods are being ripped off.
Protect yourself from unwanted competition
A trademark can protect your operation against unwanted competition. Failure to trademark means other players can use your trademark without your permission and cause irreparable harm to your brand. By trademarking, you’re effectively protecting your business from infringement.
Why Choose FormationWise
For years now, FormationWise has been working with its in-house consultants and trademark experts to make trademark-registration online applications more transparent and accessible. We have simplified the application process and made it more cost-friendly.
Since we came into the industry, we have worked with hundreds of clients who have all walked away with a smile on their faces. Most have gone further and recommended our trademark application processes to their friends and colleagues.
Below are the top reasons why clients keep coming back to work with us:
Transparent Pricing
Affordable and transparent pricing is one of the hallmarks of our services. All clients who want to trademark business names can expect upfront and fair pricing from us.
Comprehensive Range of Services
We offer an exhaustive list of services that will cater to all your needs, from trademark registration to account opening and offshore taxation.
Free Initial Consultation
The first consultation we hold with you related to performing an international trademark search is free and aimed at helping you better understand our services. Here, you’ll learn what it is we can do for you and why you should hire us.
Full Confidentiality
Given the sensitive nature of trademarking a name or product, we are sure you don’t want your competitors to learn about what you’re up to. Thus, you can trust us to protect all your sensitive business information and product data.
What You Can and Can’t Trademark
Individuals, businesses, and corporations are free to register all kinds of trademarks, provided they abide by the regulations put in place by the Government. In terms of what you can register, below is a look at some of the trademarks you’re free to trademark:
- Motion
- Word(s)
- Holograms
- Logo(s)
- Multimedia
- Shape(s)
- Sound(s)
- Pattern
- Colour
- Position
Every trademark you intend to register must be unique to ensure that it doesn’t get easily confused with an existing one. For example, an upcoming tire company can’t register the brand name MicheLLIN as it’s too similar to Michellin.
Now that you know what you can register, it’s time to look at what you CAN’T register. Examples include:
- No official emblems or hallmarks, e.g., those with a royal patronage
- No offensive words, e.g., pornographic or swear words
- No use of national flags
- No use of descriptive words to describe the business
- No use of generic shapes
- No use of misleading words
- No use of ordinary phrases that are deemed vague
- No use of common surnames or geographic locations
What are trademark classes
Intellectual Property offices worldwide have adopted a trademark classification system known as the ‘Nice Classification.’ The system groups together all related goods and services, leading to a total of 45 trademark classes.
Every available class contains a list of terms corresponding to the items listed under it. Under this classification system, there exist two main categories which are:
Goods
This section refers to goods and products.
- Class 1: Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
- Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
- Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.
- Class 4: Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
- Class 5: Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
- Class 6: Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
- Class 7: Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
- Class 8: Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
- Class 9: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.
- Class 10: Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
- Class 11: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.
- Class 12: Vehicles; apparatus for locomotion by land, air or water.
- Class 13: Firearms; ammunition and projectiles; explosives; fireworks.
- Class 14:Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
- Class 15: Musical instruments; music stands and stands for musical instruments; conductors’ batons.
- Class 16: Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.
- Class 17: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.
- Class 18: Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
- Class 19: Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.
- Class 20: Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
- Class 21: Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
- Class 22: Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
- Class 23: Yarns and threads for textile use.
- Class 24: Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
- Class 25: Clothing, footwear, headwear.
- Class 26: Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
- Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.
- Class 28: Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
- Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; oils and fats for food.
- Class 30: Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).
- Class 31: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
- Class 32: Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages.
- Class 33: Alcoholic beverages, except beers; alcoholic preparations for making beverages.
- Class 34: Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.
Services
This section refers to services.
- Class 35: Advertising; business management; business administration; office functions.
- Class 36: Insurance; financial affairs; monetary affairs; real estate affairs.
- Class 37: Building construction; repair; installation services.
- Class 38: Telecommunications.
- Class 39: Transport; packaging and storage of goods; travel arrangement.
- Class 40: Treatment of materials.
- Class 41: Education; providing of training; entertainment; sporting and cultural activities.
- Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software.
- Class 43: Services for providing food and drink; temporary accommodation.
- Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
- Class 45: Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.
What is the Process?
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Let's begin with the mark
The brand registration process begins as soon as you have selected a mark. Its selection allows the team at FormationWise to apply to the Intellectual Property Office on your behalf.
Paying attention to details
When sending the application, our team will ensure that they have provided a detailed list of all the goods and services where your brand will use the mark in question. Presently, the marks available at the Registrar of Trade fall into 45 administrative classes.
Fees and classes
You’ll need to pay a fee for each class you have applied to, e.g., soft drinks, which fall into class 32. Theoretically speaking, it’s possible to apply for a mark for all the goods and services that fall into the said class, including applying for all 45 administrative classes.
Something to keep in mind
But if you do decide to go this route, you should note that there are potential drawbacks to it: • The Intellectual Property Office will require you to show a real intention on how you intend to use the mark • Such a move is likely going to be very costly • Failure to use the mark for five years will cause it to become invalid Therefore, only register a trademark for the goods and services you intend to use soon.
FAQ
A trademark refers to a sign that can assist in distinguishing the goods or services of one company from those produced and sold by its competition. In the UK, there’s a broad range of what you can register, and examples include the following:
• Words, including slogans and other phrases
• Smells
• Designs such as signs, symbols, and business logos
• Company names, domain names, and brand names
• Sounds or jingles
• Colours
• Multimedia, including both sound and movements
• A combination of the above
It’s essential to note that registering a business name doesn’t offer automatic trade protection. You’ll need to trademark a name for you to receive exclusive rights to it, including protection from your competition and anyone else who may want to benefit from your hard work.
When your brand registration is straightforward — where nobody has raised opposition or the examiner raised an objection — it will take around four months to get registered. Please note that this timeline is from when you handed in your application forms.
If opposition is raised, the process may extend by three additional months. Where an objection arises, an extra two months will be added. Therefore, it’s safe to say that the entire exercise will typically take six months from the filing date to complete.
The UK Intellectual Property Office provides a portal where you can learn everything you need to know about trademark registration online. The instructions are clear and well-detailed and will guide you on what you need to do, what fees to pay, and which documents to supply.
So, can I register my trademark myself? YES. You’re free to do so. But remember, this process is tedious and time-consuming, and even the slightest mistake can end up costing you a lot. Therefore, it’s best to let FormationWise handle the application for you.
You’re required to pay a one-time application fee of £170 to register a trademark online. This rate will, however, increase when sending your application to the Intellectual Property Office by Post to around £200.
Remember that the aforementioned fee only applies to a single class of goods and that you’ll need to part with an extra £50 for every other class you want to register for. After you get a registered trademark, you’ll be expected to renew it after ten years.
A renewal will attract a separate fee, which we will gladly guide you on.
Patent
A patent helps safeguard an original creation for a given period of time and is granted by the UK Intellectual Property Office. Patents typically fall under three categories:
I. Utility patent: Also called a patent for invention, this type of patent covers the development of a new or improved product and prevents others from using or selling it without the consent of its creator.
II. Plant patent: You can use it for up to twenty years after its application, and it helps in protecting the key characteristics of a new plant from being used, sold, or copied by others.
III. Design patent: It helps to protect the unique look possessed by a certain manufactured product, e.g., the distinctive shape of a car headlight.
Trademark
A trademark assists in protecting the words and design elements used to identify the origin of a given item. An excellent example of these is corporate logos and brand names.
Copyright
Copyright protects “original works of authorship, e.g., music, art architecture, and writings. For as long as the copyright applies, its owner retains the sole permission to license, share, perform, and display the material.
Simply put, a patent helps in protecting new scientific creations, processes, and inventions, while a trademark protects slogans, logos, and brands. Copyright, on the other hand, protects all original authorship works.
Despite the many advantages that they offer, trademarks also come with their downsides. Examples of this include the following:
1. You cannot change trademark classes. Once you have completed your trademark registration, it becomes impossible to add any more classes, which may leave you at a disadvantage.
2. Difficulty with litigation. If you become convinced that another entity has infringed on your rights, it becomes upon you to enforce this, including consulting with lawyers.
3. Renewals. Unlike other forms of intellectual property protection, trademarks require you to make renewals every ten years and will often attract a fee.
4. Protection limitations. Trademarks provide limited protection because you only get to protect your brand messaging instead of the goods you sell.
5. Risk of Being Genericised. Although rare, this does happen, as seen with ‘Google’ where people have become accustomed to associating it with its search engine, placing it at risk of becoming genericised.
It currently costs at least £170 to begin the trademark application process online and around £200 when done by post. Please note that this amount applies to registering a trademark in only one class of goods or services.
If you want to register for multiple classes, you must add an additional £50 for every new class. As such, the more classes you want to cover, the more money you’ll spend on the application.
You can visit the official government portal to learn more about how much it costs to trademark a name and how much it will cost to renew a trademark. Please note that these fees are revised regularly and don’t include our service fee, hence the need to visit the portal frequently.
Ensure you’re well versed with the costs to avoid unwanted surprises.
Yes! logo registration helps protect your business logo from infringement by your competition or other unscrupulous businesses that may want to erode your hard work. As is the case with the brand name, FormationWise can help you get the logo trademarked in no time.
A similar process to the one followed when trademarking a brand name will apply.
No. Most countries allow you to file a trademark application online, eliminating the need to travel. Furthermore, international systems exist, e.g., The EUTM system, which assists in protecting all businesses operating within the EU.
To enjoy such protection, all you need to do is have FormationWise apply in any of the EU countries, and you’ll be protected. A similar system known as The Madrid Agreement and Madrid Protocol Systems exists to provide even further protection.