Overview of Trademarks & How to Apply

What is a Trademark?

A trade mark is a symbol or sign which differentiates one type of business from another. A sign can include a business logo, words/content or anything similar. In order for a trade mark to be registered, it must be sufficiently distinct for the services/goods it is applied to cover. Obviously, it must not be similar to existing trademarks, nor can it be deceptive or illegal in any way.

Trademarks & Domain Names

A domain name (e.g. Bytestart.co.uk) is a unique web address, purchased from any number of domain name suppliers. However, since the same mark could have been registered for a variety of difference services/products, the fact that you have a registered trademark does not automatically mean you are entitled to an associated domain name. Similarily, if you have a domain name, it does not automatically entitle you to the same trademark.

We strongly suggest you consider your domain name carefully. Not only is it best to choose a name which is still available in all suffices (e.g. .com, .net, .co.uk), but you should also think about the availability of domain names when choosing a company or trading name. We recommend you read our dedicated articles:

• Top 10 tips for choosing a business domain name
• Tips for choosing the right small business name

This symbol stands for registered trade mark (RTM), and clearly can only be used once your are the owner of the mark. The ® symbol usually goes after the trade mark, in a smaller type size than the mark itself, and in a raised position, but this is not compulsory.

Can I use the TM symbol?

A company/trader can use the TM symbol, however this does not mean the trade mark has been registered.

Registering a TradeMark

You cannot simply apply for a trademark and assume it will be accepted - there is a rigorous examination process which takes place by The Patent Office before you will find out if your application has been successful. You can read about the complete application process at http://www.patent.gov.uk/tm/howtoapply/index.htm.

It costs £200 to apply for a trade mark in one class, and an extra £50 for each additional class. Each trademark registration lasts for ten years.

The Patent Office aim to send out a full examination report within two months of the application being received.