Trademarks - Importance & Costings

[Wonga]

I have so far not registered a trademark with my business as it's only small however as it's starting to bring more revenue, I think that it might be a sensible move, especially as I have a competitor that I think may try underhand tactics to mess up my business.

I'm concerned that if this person got in there before me and registered my business name as a trademark, I may have to change the trading name and website domain. Is this correct or is it a little more complicated than that?

I've seen the cost just of filing is £170 which isn't cheap plus I would want to go with a company to make sure I got the trademark awarded so if any businesses specialise in a no win, no fee type thing, please let me know.

Is there a website where I can check the currently registered trademarks?

Thank you.

 

[andygambles]

Trademarks are not only expensive to register but also to maintain. You then pay for watch services to get notified of anyone trying to register similar trademarks and you then have the cost of opposing. Surprisingly it costs you the trademark owner to object to new trademark applications.

Then when you start going abroad like the US it costs even more!

 

[Wonga]

Trademarks are not only expensive to register but also to maintain. You then pay for watch services to get notified of anyone trying to register similar trademarks and you then have the cost of opposing. Surprisingly it costs you the trademark owner to object to new trademark applications.

Then when you start going abroad like the US it costs even more!

Certainly sounds like a lot of hassle. How necessary are they? If a competitior snapped up the trademark 'brown-widgets' would I have to cease trading and setup as 'blue-widgets' etc or would it hard for them to stop me using the name?

 

[andygambles]

Certainly sounds like a lot of hassle. How necessary are they? If a competitior snapped up the trademark 'brown-widgets' would I have to cease trading and setup as 'blue-widgets' etc or would it hard for them to stop me using the name?

I did all mine through a Trademark Attorney. Probably more costly but meant it was a lot less work for me.

You could argue that you had pre-rights since you were trading under that first. Plus if the trademark holder wanted to stop you they would have to issue court proceedings, therefore costly to them.

Best thing to do is speak to a Trademark Attorney (they will tend to give you an initial free consultation).

 

[VeryMark]

How valuable is your name? - your identity, reputation, goodwill and the intangible assets in your business can be up to 80% of its value.

Registration of a name at Companies House gives no legal protection, it simply stops anybody else registering another limited company or limited partnership with the same name.

Trade mark registration, however, protects all forms of commercial usage of a name, whether as a company name, business name, product name, shop name, domain name, website name, in fact any form of commercial activity under the name which is likely to lead to confusion.

Moreover, trade mark registration not only provides the protection necessary to safeguard a company’s identity or brand, but is also an enabler of brand licensing and franchising, and consequently helps in improving the generation of revenue. It can additionally assist in raising funds through e.g. securitisation, or help to support the sale of a business.

.... and whilst legal action for passing off based on prior use of a trade mark is a possible alternative, this is generally more costly and uncertain.

If a company does not seek trade mark registration at an early enough date, there is a danger that prior registration by someone else could prevent it expanding its business or that its marketing might even be halted altogether.

If you email me (see link below), I can advise further and give you a detailed quotation - all initial advice is free.

Our website also has plenty of free information too.

 

[stackoverflow]

it costs £170 to register. If there is a potential clash, the IPO will let applicant know so to protect registered trade marks' interest.
If applicant decides to go ahead, the owners of existing trade marks that in potential clashes will be notified .
So I am not sure the value of "watch services"
However, I am having a different sticky issue, see this thread. So not to hijack OP

 

[andygambles]

If there is a potential clash, the IPO will let applicant know so to protect registered trade marks' interest.

Not for CTM or Trademarks in other countries they won't.

 

[Trademarkroom]

I have so far not registered a trademark with my business as it's only small however as it's starting to bring more revenue, I think that it might be a sensible move, especially as I have a competitor that I think may try underhand tactics to mess up my business.

I'm concerned that if this person got in there before me and registered my business name as a trademark, I may have to change the trading name and website domain. Is this correct or is it a little more complicated than that?

I've seen the cost just of filing is £170 which isn't cheap plus I would want to go with a company to make sure I got the trademark awarded so if any businesses specialise in a no win, no fee type thing, please let me know.

Is there a website where I can check the currently registered trademarks?

Thank you.

The £170.00 UK-IPO fee only includes one class and does not include legal fees. The number of classes required depends on the number of goods and services you intend to provide under the proposed mark. Each additional class above one cost £50.00 (nil VAT).

Obtaining a registered trade mark for you company is very important. To continue trading under a mark not knowing whether you are infringing someone else's earlier trade mark is risky. It could end up you get a 'cease and desist' letter in the post asking you to stop using a mark you have invested in financially.

I don't think there are any companies out there which will do a 'no win no fee' arrangement as the £170.00 you mentioned is a UK-IPO fee. There are also legal costs too. Trade mark law is subjective and therefore what you see in a mark may be different to what I see and what an examiner will see. This means that there is no sure bet when it comes to trade mark law and it would not be worth the risk.

For a UK trade mark application including legal fees for one class you will be looking at £410.00.

This will give you an exclusive right over the mark. If you have to rebrand down the road it will cost you a lot more.

Trademarkroom.com - T: 0800 8620370
This post does not constitute legal advice. Trademarkroom.com

 

[Trademarkroom]

I have so far not registered a trademark with my business as it's only small however as it's starting to bring more revenue, I think that it might be a sensible move, especially as I have a competitor that I think may try underhand tactics to mess up my business.

I'm concerned that if this person got in there before me and registered my business name as a trademark, I may have to change the trading name and website domain. Is this correct or is it a little more complicated than that?

I've seen the cost just of filing is £170 which isn't cheap plus I would want to go with a company to make sure I got the trademark awarded so if any businesses specialise in a no win, no fee type thing, please let me know.

Is there a website where I can check the currently registered trademarks?

Thank you.

The £170.00 UK-IPO fee only includes one class and does not include legal fees. The number of classes required depends on the number of goods and services you intend to provide under the proposed mark. Each additional class above one cost £50.00 (nil VAT).

Obtaining a registered trade mark for you company is very important. To continue trading under a mark not knowing whether you are infringing someone else’s earlier trade mark is risky. It could end up you get a 'cease and desist' letter in the post asking you to stop using a mark you have invested in financially.

I don't think there are any companies out there which will do a 'no win no fee' arrangement as the £170.00 you mentioned is a UK-IPO fee. There are also legal costs too. Trade mark law is subjective and therefore what you see in a mark may be different to what I see and what an examiner will see. This means that there is no sure bet when it comes to trade mark law and it would not be worth the risk.

For a UK trade mark application including legal fees for one class you will be looking at £410.00.

This will give you an exclusive right over the mark. If you have to rebrand down the road it will cost you a lot more.

Trademarkroom.com - T: 0800 8620370
This post does not constitute legal advice. Trademarkroom.com

 

[Wonga]

Thank you for the advice. It seems like it will be worth doing at some point but where it's a small business I can't really justify the cost at the moment.

Really appreciate all of the advice given and it will come in useful when the time comes to sort out a trademark