intellectual property

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Our intellectual property group draws together specialist lawyers from our dispute resolution, commercial and technology and employment groups, who together deal with both contentious and non-contentious work in the intellectual property field. Our lawyers have a high level of commercial awareness and strive to secure the best legal position for our clients in a practical and straightforward manner.

Our experience spans a broad range of industry sectors, such as media, fashion, healthcare, information technology and construction. We deal with all aspects of IP law, from trade marks, copyright, design rights and patents to data protection, confidentiality and know-how. We advise on the exploitation and protection of intellectual property rights as well as making and defending claims of infringement. Our clients include designers, distributors, importers, publishers, contractors, retailers and IT companies, from multi-million pound international groups and national institutions to privately owned start-ups and individual innovators.


Articles & technology bulletins
Articles & technology bulletins
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Quick guides
Quick guides
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Cathrine Ripley Quick guide to registering a UK trade mark
Cathrine Ripley
February 2011
Cathrine Ripley A quick guide to publishing contracts
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November 2010
 
Brand protection and trade mark service
Brand protection and trade mark service

Brand names indicate the origin, investment in and the quality of particular goods and services and therefore have considerable commercial value. As these names can be extremely valuable assets, they need to be properly protected.

Famous brands, such as Coca-Cola, Microsoft and McDonalds are protected as trade marks. A registered trade mark gives its owner exclusive rights to use the trade mark in relation to particular products or services; for example "BMW" for cars. In addition, trade mark owners can take action against others using the same or similar marks. Trade marks can be registered in a particular country only (e.g. the UK), in certain circumstances, the European Union as a whole, or internationally.

FSP has considerable experience in advising on and registering UK trade marks and can provide a comprehensive service handling all aspects of your UK trade mark registration. We can also provide advice and assistance on registering EU and international trade marks.

How much will it cost to register a trade mark?

There are two elements to the costs of a UK trade mark application:

  • filing fees - £200 per mark in 1 class and £50 for each additional class
  • FSP fees - £750 plus VAT for a straightforward application

We also offer a preliminary assessment for a fixed-fee of just £150 plus VAT. This will involve specific advice on the merits of your proposed application backed up by searches in the register of trade marks.

How do you register a trade mark?

The application process generally lasts between 6 and 12 months and consists of the following stages:

  • applying to register the trade mark in the relevant classes for the goods or services it will be used for
  • initial examination of the mark by the Trade Marks examiner
  • publication in Trade Marks Journal
  • opposition period
  • registration

What is a trade mark and why register?

A trade mark is a name, logo or word (or in certain cases a shape, colour, sound or smell) that is used to distinguish one trader's goods or services from another's. Your company, trading or product names may well be trade marks.

Registration lasts for as long as required (provided the renewal fees are paid) and prevents anyone else using the mark for the same goods or services for which it has been protected. It also helps to raise brand awareness.

What are community trade marks?

The Community Trade Mark (CTM) allows nationals of EU member states to make a single trade mark registration that is valid in all EU countries.

Like UK trade marks, CTM protection can be renewed indefinitely. However the process of registering a CTM is more complex and costly than for a UK registration.

What is an international trade mark?

If you have a UK trade mark, it is possible to apply to register the trade mark in any countries which are members of the Madrid Protocol. As with community trade marks, an advantage of the international trade marks system is that one application can be made to register the trade mark in a number of jurisdictions across the world for the payment of 1 fee.


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