If you decide to start a business, you need to protect your company’s Intellectual Property (IP), so you can retain the competitive edge required to succeed in a crowded marketplace. This means that you may need to know about how to safeguard your firm’s trademarks. Turner Little asks; what is a trademark and how can you protect this vital component of your business’ IP? Along with patents, designs and copyrights, trademarks are a form of legal IP protection. They are used to protect brand tools such as words, colours, sounds and logos. In the UK you must register a trademark with the Intellectual Property Office (IPO) to safeguard these business assets.

1. What is a Trademark?
If youdecide tostarta business,youneedtoprotectyourcompany’sIntellectualProperty(IP),soyou
can retainthe competitive edge requiredtosucceedina crowded marketplace.Thismeansthat you
may need to know about how to safeguard your firm’s trademarks. Turner Little asks; what is a
trademark and how can you protect this vital component of your business’ IP?
Explaining trademarks
Along with patents, designs and copyrights, trademarks are a form of legal IP protection. They are
used to protect brand tools such as words, colours, sounds and logos. In the UK you must register a
trademark with the Intellectual Property Office (IPO) to safeguard these business assets.
Failingto take this stepcouldseriouslyharmyour business,asit couldleadto competitorsusingthe
same,orsimilar, IP.Thiswouldconfuseyourtargetconsumers,astheymayassociateyour brandwith
another company, which could potentially cause you to lose business. For the same reason, it is
essential that you register trademarks in every nation within which you trade.
What can you not trademark?
A registered trademark must apply to distinctive products and services which are entirely different
from those provided by other companies. You cannot register a trademark if it:
 Applies to something which is audibly or conceptually similar to an existing trademark.
 Is the same or similar to hallmarks, armorial bearings, official signs, state emblems such as
flags, abbreviations or the names of inter-governmental bodies.
 Is identical orsimilarto an existingtrademarkwithinthe same class of goodsand services.If
you receive permission from the existing trademark holder you can register it.
 Is a commonly used visual sign, word, combination of words, or phrase.
 Applies to a three dimensional shape, which is associated with your trade mark.
 Is a literal description of the products and services you provide.
 Promotes illegal activities, is offensive or misleading.
Company names and domains
Your firm’s name will not automatically be trademarked when you register your business with
Companies House.Furthermore,yourbusiness’name isnotautomaticallyshieldedwhenyouregister
a trademark with the IPO. The name or trademark in question may not fulfil the legal requirements
needed to both act as your firm’s name and be registered as a trademark.
Consulta trademarkspecialist,suchas Turner Little,to determine whetheryourcompany name can
be registered withCompaniesHouse andtrademarked withthe IPO before yousetupyourbusiness.
Search the trademarks database to determine whether you can trademark your firm’s name if you
already have a registered company.
If youwanttoexclusivelyownyourcompany’swebsite andemailaddresses,youneedtoregisteryour
domain name, which Turner little can help you with. You need to actively register trademarks or
company namesas intentdomains.Create brand consistencybychoosingthe same company name,
domainname andtrademark,so consumerscanfindyourfirm’sproductsand serviceseasily online.
How to register a UK trademark

2. Adopt the following process to register your trademark in the UK. First, search the trademarks
database to make sure there are no existingorsimilartrademarksforthe one you wishto register.If
there is an existingorsimilartrademarkandits ownerprovidesyouwitha letterof consent,youcan
register said trademark. Second, submit an online or post application to the IPO, along with a
completed fee sheet and details of the trademark and trademark classes you want to register.
The IPO will send you an examination report within 20 days of your application. This will detail
feedback and any problems concerning your application; address issues within two months for the
applicationtogoahead.If there are noproblems,yourtrademarkwill be publishedinthe trademarks
journal for two months, so third parties can raise objections to your application if necessary.
If no objectionsare raised,yourtrademarkwill be registeredandthe IPOwillsendyouaconfirmation
certificate.If there are still objectionstoyourtrademarkapplication,the IPOwill giveyouthe chance
to defend it, discuss the objection with the party which raised it, or withdraw your application.
How to register a trademark abroad
The processof registeringatrademarkabroadvariesfromterritorytoterritory.Youwillneedtoapply
for a CommunityTrademarkfromthe Office forHarmonizationinthe Internal Market toregisterand
use a trademark in the EU. If you wish to receive more comprehensive protection, register your
trademark with the World Intellectual Property Organisation. Taking this step will allow you to
safeguard the relevant IP in all nations which are members of the Madrid Protocol.
Turner Little
Turner Little was foundedin 1998 and it has since become a well-established UK based professional
Company Registration Agent, Registered Bank Intermediaries and Business Consultants, as well as
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