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You can register your trade mark to protect your brand, for example the name of your product or service.

When you register your trade mark, you鈥檒l be able to:

• take legal action against anyone who uses your brand without your permission, including counterfeiters
• put the 庐 symbol next to your brand - to show that it鈥檚 yours and warn others against using it
• sell and license your brand

A trade mark lasts 10 years. You must renew your trade mark every 10 years for it to stay in force.

What you can register

Your trade mark can include:

• words
• sounds
• logos
• colours
• a combination of any of these

What you cannot register

Your trade mark cannot:

• be offensive, for example contain swear words or pornographic images
• describe the goods or services it will relate to, for example the word 鈥榗otton鈥� cannot be a trade mark for a cotton textile company
• be misleading, for example use the word 鈥榦rganic鈥� for goods that are not organic
• be too common and non-distinctive, for example a statement like 鈥榳e lead the way鈥�
• be just a generic shape associated with your business, for example if you sell apples you cannot trade mark the shape of an apple
• make use of national flags you do not have permission to use
• make use of official emblems or hallmarks, for example coats of arms

You may not be able to register your trade mark if it鈥檚 the same as, or similar to, a trade mark of another business that sells the same goods or services.

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What it costs

Registering a trade mark costs at least 拢170. It will usually cost more depending on your circumstances, for example how many types of goods or services you want to protect your brand in.

The application process

You must send details of your trade mark and the goods or services you want to use your trade mark on to the Intellectual Property Office (IPO).

You can send your application online or by post.

The IPO will:

• check that your trade mark is not the same as, or similar to, any existing trade marks
• publish details of your application in the journal, in case anybody wants to oppose it

If there are any issues the IPO will let you know. You will have to resolve them before you can register your trade mark.

If there are no issues, it usually takes around 3 to 4 months from application for your trade mark to be granted.

View a timeline of the process.

Register your trade mark overseas

Registering a trade mark in the UK only protects your brand in the UK and the Isle of Man.

There are different processes for:

• - you need to already have registered your trade mark in the UK to be able to register it in Jersey
• registering trade marks abroad

Before you apply for a trade mark you need to:

• decide which general category and specific type of goods or services (known as 鈥榗lasses鈥� and 鈥榯erms鈥�) you want to use your trade mark for
• check if anyone else has registered a similar trade mark

Decide which trade mark classes to apply for

When you apply you must select at least one class and one term for your trade mark. These relate to the goods or services that you plan to use your trade mark on.

A class covers a general category of goods or services, while a term is more specific. For example class 25 covers clothing. It then includes terms that depend on the use or material of the clothes, such as sports clothing or knitwear.

Your trade mark will only be protected in the classes and terms you select.

You can choose more than one class or term but you should only choose ones relevant to your business plans for the next 5 years. The more terms you choose, the more likely it is that your trade mark will be similar to someone else鈥檚.

You cannot add more terms to your application after you send it.

Find the right trade mark classes for your brand.

Example

Check if anyone else has a similar trade mark

Search the trade marks database to check if your trade mark is the same as, or similar to, any registered trade marks.

You can pay 拢100 for a Right Start application. The Intellectual Property Office (IPO) will then check for similar trade marks for you, before you commit to paying the full fee.

If you find a trade mark similar to yours

You should get professional advice to find out your options.

Do not apply without getting advice if you鈥檙e aware that there are any trade marks the same as, or similar to, what you want to register. The IPO will contact holders of identical or similar trade marks when you apply.

Get professional help and advice

You can get free advice about registering a trade mark from:

• the IPO

• an intellectual property (IP) clinic

• the in London

If you have an enquiry about classes, email the IPO鈥檚 classification enquiries team - [email protected].

You can also get professional help from a . You will have to pay for their services.

To apply you鈥檒l need:

• details of what you want to register, for example the words or slogan you want to use, or an illustration
• the personal or company details of the intended owner of the trade mark
• the type of goods or services (known as 鈥榗lasses鈥� and 鈥榯erms鈥�) you want to use your trade mark for - read guidance on what to do before you apply

How much it costs depends on the type of application you make and how many classes you select.

If you have several versions of your trade mark (for example, different colours of your logo), you may be able to make a series application. This covers up to 6 variations and costs less than registering them all separately.

Choose a Right Start application if you want to check your application meets the rules for registration before you commit to paying the full fee.

What it costs

Standard application

It costs 拢170 to register a single trade mark in one class. It costs 拢50 for each additional class.

If you鈥檙e making a series application the first 2 versions of the trade mark are included in the fee. You then pay 拢50 for each additional version of your trade mark, up to a maximum total of 6.

Right Start application

You pay 拢100 plus 拢25 for each additional class to check if your application meets the rules for registration.

You鈥檒l get a report telling you if your application has met the rules or not.

You鈥檒l need to pay another 拢100 (plus 拢25 for each additional class) to either:

• continue your application, if it meets the rules

• challenge the decision or discuss the details, if your application does not meet the rules

You get 28 days to decide whether to continue your application, challenge the decision or discuss it.

If you cannot apply online

Fill in a paper application form to apply by post.

It costs 拢200 to apply for one class, plus 拢50 for each additional class.

The Intellectual Property Office (IPO) will examine your application and send you an 鈥榚xamination report鈥� within 2 to 3 weeks.

The report tells you if there are problems with your application (known as 鈥榦bjections鈥�), that may mean you would not be able to register your trade mark.

You have 2 months to resolve any objections.

The IPO will also search for existing trade marks that are the same as, or similar to, yours. If they find any, they鈥檒l contact both you and the registered holders.

If there are no objections or you resolve them, your application will be published in the trade marks journal for 2 months. Anyone may 鈥榦ppose鈥� your application during this time.

If someone opposes your application

The IPO will tell you if someone opposes your application.

If your application is opposed you will not be able to register your trade mark in the relevant classes or terms until you鈥檝e solved the issue.

You can either:

• talk to the person making the opposition
• withdraw your application
• defend your application legally - you will have to pay legal costs

Your trade mark will be registered around 10 weeks (2 months, plus 2 weeks) after it has been published, if it has not been opposed.

You鈥檒l get a certificate to confirm your trade mark is registered.

When you鈥檝e got your certificate you can:

• object to other trade marks, for example if you think they are similar to yours
• sell, market, license and mortgage your trade mark

Your trade mark will last 10 years - you can renew your trade mark every 10 years.

Reporting changes

You must report any changes to your trade mark. This includes:

• changes to your personal details that are held in the trade mark register, for example your address or email
• if you want to give up your rights to your trade mark
• if you want to appoint a representative or agent