Trademark Advice

[Gilchrist72]

As a sole trader i.would like to register my business name as a trademark and my logo.

However, my business name has two colours and my logo image at the beginning of the name. I also have two logos the same as my business name just put into two different design to create logos that can be used on products.

I have colours, name and an image. How do i register this properly? I don't want to get it wrong, as it cant be changed once i have filed it with Gov.uk.

Also, while the application is going through, at what point can i use the TM symbol? Am i right in saying you use the TM mark while the application is in the process and the R symbol when successfully registered.

 

[surreyaces]

You can use the TM symbol at any time (irrespective of whether or not you have filed an application to register the trade mark) but the R symbol must only be used in connection with registered trade marks.

I'm not sure how to answer your other question. Does your business name describe the business that you conduct, e.g. Leatherhead Plumbing Services?

 

[ethical PR]

There is no point putting TM on something. Its meaningless.

 

[Gilchrist72]

There is no point putting TM on something. Its meaningless.

That's what i thought but many companies do it. A website i was looking at today put TM on the name that they have decided to call their product within the description.

 

[Gilchrist72]

You can use the TM symbol at any time (irrespective of whether or not you have filed an application to register the trade mark) but the R symbol must only be used in connection with registered trade marks.

I'm not sure how to answer your other question. Does your business name describe the business that you conduct, e.g. Leatherhead Plumbing Services?

Kind of. A bit like Dog Copenhagen. The first word describes who my products are for but not the second word. The difference being a distinctive image that is used on my logos is also at the beginning of the business name.

 

[ethical PR]

That's what i thought but many companies do it. A website i was looking at today put TM on the name that they have decided to call their product within the description.

They clearly don't understand the legislation then

 

[surreyaces]

You are right - lots of people don't understand what it means but I do think there is a point in using it - it tells people that you consider the mark to be a trade mark of yours. This can be enough to put other people off using it. Yes, it's a weak claim, but it can sometimes have some benefit.

 

[Gecko001]

Kind of. A bit like Dog Copenhagen. The first word describes who my products are for but not the second word. The difference being a distinctive image that is used on my logos is also at the beginning of the business name.

You cannot trademark a name like that.

See following link (heading No. 4) for reasons why:

https://www.gov.uk/guidance/unacceptable-trade-marks#registering-company-names

The logo could possibly be trademarked if it is distinctive enough, but not the name.

 

[surreyaces]

Dog Copenhagen might be registrable as a trade mark, it would depend on what you were looking to register it for (BOY LONDON is a registered trade mark for clothing). Impossible to advise without knowing what the mark is!

 

[Gecko001]

Dog Copenhagen might be registrable as a trade mark, it would depend on what you were looking to register it for (BOY LONDON is a registered trade mark for clothing). Impossible to advise without knowing what the mark is!

The OP said that the first word describes the product. See above.

 

[surreyaces]

The first word describes the product yes I know but that's not necessarily a barrier. Toilet Duck is a registered trade mark for cleaning preparations for toilets.

 

[Gecko001]

Why, in response to my post, are you giving examples where the name and symbol are trademarked together? My post refers only to the name.

 

[surreyaces]

OP said the name he wants to trademark is like Dog Copenhagen. You said you can’t register a name like that. I’m saying yes you can potentially it depends on what the name is and what the goods/services are. The examples are just to reinforce what I’m saying.

 

[Chris Ashdown]

Clothing is not mentioned in "Boy London" Locations are allowed but not descriptions of your trade

 

[Gilchrist72]

So, who do i approach to get this done. The Gov website is informative but easy to get it wrong filing yourself. I cant find which class to use for example and you cant call and ask them.