Your questions answered

Can I register a name without a logo as a trade mark?

The Act allows any "sign" to be registered. Most registered trade marks are words, logos or combinations of both. Think of supermarkets and household names - ASDA, IKEA, KODAK, HONDA, KAWASAKI, ROLLS ROYCE, FERRARI etc.

Words and letters may be registered on their own or with logos.

We will not accept marks which:

  • describe your goods or services or any characteristics of them e.g. "Cornish Clotted Cream" for cream;
  • have become customary in your line of trade e.g. "China Garden" for Chinese restaurant services;
  • are not distinctive e.g. "The Cheese Company" for cheese;
  • are offensive e.g. marks containing taboo words or pornographic images;
  • are against the law, for example, promoting illegal drugs e.g. "White Dove"; or;
  • are deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not e.g. use of the word "Organic" on goods which are not organic.

Do I have to register my trade mark?

If traders decide not to register their trade mark, they place the mark and consequently their business in a very vulnerable position. They will then need to rely on common law (passing off) to protect their rights. Providing evidence of this for a court of law will take up a substantial amount of time. With possible appeals the whole process could take years with the eventual outcome always in doubt.

Unless a business decides to register their trade mark, third parties are legally entitled to register the same mark and could then offer to license or sell it back to the business for a fee. If the business simply carries on trading, it could be sued for infringing a registered right.

There have been many cases where third parties, partners, family members etc have registered trade marks in such circumstances.

Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom (UK).

If you have a registered trade mark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trade mark that is not registered is an offence.

A registered trade mark:

  • may put people off using your trade mark without your permission.
  • makes it much easier for you to take legal action against anyone who uses your trade mark without your permission.
  • allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your trade mark.
  • is your property, which means you can sell it, franchise it or let other people have a licence that allows them to use it.

If you don't register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off.

To be successful in a passing off action, you must prove that:

  • the mark is yours
  • you have built up a reputation in the mark
  • you have been harmed in some way by the other person's use of the mark.
  • It can be very difficult and expensive to prove a passing off action.