Trademark registration ?

[Adam H]

I assume the cheapest way of registering/applying for a trademark is directly through the gov.uk website ? Are there any pitfalls of doing it your self ? I.e could I royally screw it up ?

Im thinking 4 classes and have looked at "providers" who do all the leg work quoting around £800 but obviously i don't want to do that if they are simply going to register the same way and not advise on whether i actually need those classes.

 

[Skinner]

From memory, there are a few options on the gov site, one which offers a kind of review service to say if your standard application would have any simple issues, and gives you the oppotunity to proceed or not, and there is a straight application.

As long as you do basic research for potential objections, clashes and rejections, you should be fine with the review option, if your well up on research and see nothing at all you could try the cheaper one.

Its fairly straight forward.

The only issue I had were the address for service, really you want a solictors address, otherwise your home address ends up everywhere.

 

[Adam H]

Thanks Steven,

Not really to knowledgeable about trademarks or if the research ive done would count as a clash etc so would probably need a knowledgeable second opinion...........which I guess if I go ahead ill just need to bite the bullet and pay more lol.

 

[ian]

Having secure trademarks myself (through ipo), it was relatively simple, but equally, how well it would stand up in a court battle, who knows. The team there are very efficient and I had to run at the description of the class countless times before they would accept the wording.

 

[Adam H]

Having secure trademarks myself (through ipo), it was relatively simple, but equally, how well it would stand up in a court battle, who knows. The team there are very efficient and I had to run at the description of the class countless times before they would accept the wording.

Id like to think this would be pretty straight forward in this particular case, but like i say im by no means knowledgeable about it so could be barking up the totally wrong tree.

Have you even enforced any of your TM's ? Am i right in thinking that its your duty to uphold the trademark so you have to pursue it if you think its being breached ?

 

[ian]

Have you even enforced any of your TM's ? Am i right in thinking that its your duty to uphold the trademark so you have to pursue it if you think its being breached ?

I haven't needed to thankfully. I'd hate to have to but suspect it won't happen with mine based on what they represent and how competitive a market it is.

 

[humble pie]

It might be worth a phone to them up before you do anything. I have generally found them very helpful and knowledgeable. You probably won't speak to an attorney but they may save you some time and money if you explain what you want to do. If I can remember correctly, during the process they give you a summary before taking all of your dosh before the full application goes in. Unfortunately I think its unavoidable thow will lose some dosh if your application is unsuccessful.

I assume the cheapest way of registering/applying for a trademark is directly through the gov.uk website ? Are there any pitfalls of doing it your self ? I.e could I royally screw it up ?

Im thinking 4 classes and have looked at "providers" who do all the leg work quoting around £800 but obviously i don't want to do that if they are simply going to register the same way and not advise on whether i actually need those classes.

 

[bahnhof]

the IPO can object on absolute grounds (i.e. a 'descriptive'/ 'deceptive' trademark app) but the onus is on trademark owners to actively defend their prior rights. TM attorneys have subscriptions to databases that alert to new apps, and The Gazette will flush out an objection if one hasn't already been made at at earlier stage in the registration process by an existing rights owner.

4 classes? If one or more (but not all) raise an objective you can divide the app to allow the others to progress while you argue the merit of the objection. It means you do get some registered rights and reasonably quickly.