A trademark is an essential business asset and it is important that you register your trademark through the proper legal channels. When you register a trademark, you effectively take ownership of it and anything else that may be unique to your business.
1. Choosing a trademark for your business, product or service. A business can have one trademark or it may have many different trademarks. Before you go ahead with the registration process you need to decide on the type of trademark you would like to register. There are certain rules regarding the type of trademark you can use. For example, you cannot use a trademark to describe the service or product you provide directly. That means "great window cleaner" or "best mobile phones" are out. Your trademark must not mislead in any way and cannot conflict with a trademark that is already registered by another business or individual.
2. Complying with legal trademark definition regulations. Before a trademark can be registered legally, it needs to comply with the 1994 Trademarks Act. These regulations state that a trademark must be a sign that represents your business, goods or services in a graphical way.
3. Which class will your trademark be registered in? There are 45 trademark classes covering services and goods so you will need to decide which class is most relevant to your trademark.
4. Conduct a trademark search. Before you can register a trademark as your own, you need to carry out a full trademark search to ensure nobody else has a right over the trademark or a similar mark. Once you have determined that nobody else has registered their trademark in the UK or on the European Community Trade Registers, you can move on to filing your trademark.
5. Filing your trademark. Once your trademark has been deemed as being registrable, your trademark can be published in the Trade Marks Journal. Unfortunately, somebody could still oppose your trademark so you will need to wait for three months before it can be fully registered. If in that time nobody opposes your trademark you will receive a certificate declaring formal registration.