trademark ?

[smirch]

hi,

I am thinking about getting a trademark for a business venture.

Can somebody give me some advice regarding, costs, requirements, and ongoing fees etc?

thanks

[Alpha]

You would need to talk to Crossguard for advice on this. If he doesnt see this question I would drop him a PM.

[Ozzy]

He'll be along soon, I've seen him online :)

[Azam.net]

Lots of information online as well. Try to doing a search in Google.

[VeryMark]

Here is some initial info - I can send you more if you let me have your email address.

If a name or logo is new, we always recommend that a proper UK clearance search is made first to check for all similar trade mark applications & registrations where there might be a risk of infringement.

The cost of such a search for conflicting names on the trade mark registers covering the UK would be £180 for a basic UK search and report including detailed legal analysis and advice, plus another £180 if you also wish to cover names in use in the UK which might have common law rights in respect of passing off.

Searching and advice on device marks can be provided at £280 plus an additional £140 for each class of the register searched after the first.

A simple identical search on the trade mark registers covering the UK can be conducted free of charge, but infringement is judged on the basis of confusing similarity, which is why we recommend a proper clearance search and advice. The alternative is to just file a trade mark application and see what the results of the UK Trade Mark Registry’s own limited search and examination produces, but this is less reliable.

How easy registration is depends on what you are trying to register, i.e. whether the UK Trade Marks Registry might object that what is applied for conflicts with a prior registration or application or that it does not qualify for registration as a trade mark.

This also affects the time it takes, but if there are no problems then you can expect to get registration within about six or seven months – there is a mandatory three month period allowed for third parties to object.

In filing an application for trade mark registration, it is necessary to specify the goods and/or services in question according to the classification system used for this purpose. The cost depends on the number of classes listed. Registration provides protection for a term of ten years, with renewal fees payable at the end of every ten year term.

Adequate information is be needed to be sure of covering all the relevant classes and drafting comprehensive wording for each class specified - It is important to ensure that the correct class(es) are covered as, if you register for a description in a class which it later turns out is incorrect, the registration obtained may later be vulnerable to cancellation for non-use for some or all of the goods/services for which it is registered.

Filing costs for a single trade mark application in the UK are £400 for the first class of the register and £100 for each additional class, half of which covers our fee and half the official fee. This excludes any special or subsequent work such as advising on and dealing with any official objections or requirements or third party objections which may arise – it is advisable to budget another £200 - £500 as an initial contingency for this reason.

There is also a final charge on completion of £60 per application in the UK to cover checking and reporting publication, checking and issuance of the certificate of registration, and monitoring for renewal purposes. All figures quoted exclude VAT.

A single application for registration can only cover one trade mark, but it is sometimes possible to include variations of the same trade mark within a single application when applying in the UK. Registration can also be applied for on a wider geographical basis, for example through a Community Trade Mark Application to cover the whole of the EU.

I hope this is helpful - please call me if you want to discuss anything.

(I've pm'd this too just in case.)

[smirch]

Cheers Philip,

pm sent.