using accented letters in a trademark name

[muffin86]

Hi,

I'm looking into trademarking my business name and I would like to include an accented character e.g. honór
Does anyone know if this is permissible? and also should the wording be in upper case upon application?

 

[Scalloway]

Have you looked at the gov.uk website?
https://www.gov.uk/how-to-register-a-trade-mark

 

[muffin86]

Yes but I can't seem to find any clear information on this.

 

[F_B]

Provided you can type the mark into the box when you apply to register the mark then you should be able to obtain a trade mark for the word alone, including the accent.

As this is a bit of a grey area, and you need to avoid registering the mark as a figure (which would be limited to how the mark was presented when you registered it, i.e. by font and colour), I would recommend applying to register the mark as a series of 2 word marks:
honor
honór

There is no increase in official fee for applying to register a series of 2 marks.

A series application will cover both representations of your mark and ensure you are protected for use of the text (presented in any form or styalisation) honor, with or without the accent.

 

[muffin86]

Great advice!

According to the rules for a series to be acceptable, " the marks must virtually be the same, sound the same and mean the same."
Technically the words sound different to each other. What would you recommend?

 

[F_B]

The marks in a series application may only differ by immaterial details.
You would be applying for a series of two word marks differing only in the accent -an immaterial detail.

While the words are pronounced slightly differently, you are not applying for a sound mark. An average consumer in the UK (notorious for not learning other languages) is unlikely to pronounce the two marks differently until you educate them that it should be pronounced differently.

I recommend applying for a series of two word marks as the marks differ in only immaterial details.

 

[muffin86]

I really appreciate your response, your advice is a huge help towards the application!

 

[lesliedocherty]

Great advice @FrazerBye

 

[TODonnell]

Mmm, just being a fusspot, but is there a proper word in a foreign language with an accent like that, or is it just a stylisation?

Reason: I am an old curmudgeon and I don't like stylisations.

 

[muffin86]

Good point. The brand would be used in the fashion industry so at this stage I'm thinking it will be ok to include a stylisation. However I am open to suggestions!

In Spanish, é is an accented letter, pronounced just like "e" is. Both é and e sound like /e/. The accent indicates the stressed syllable in words with irregular stress patterns, as in "Éxtasis" or "Época".

Also we are currently in the process of getting a graphic designer to come up with some sample promotion. It may be that it looks better with or without the accent.

 

[lesliedocherty]

the amount of folk who trademark a crap business beggars belief, rathet than puttin money into the business (not saying this applies to you)

 

[TODonnell]

Ah, the fashion industry. You're fine.

 

[lesliedocherty]

Ah, the fashion industry. You're fine.

Yeah, sure thing