TM Registration in the UK

Registering a TM in Great Britain is an absolute must for any growing business. Registered TMs become very valuable assets, especially after the popularity of a business’s services/products begins to grow. By registering TMs in Great Britain, business owners prevent their competitors from using the same mark in combination with their services/products.

Great Britain: Brand Protection

Obtaining ownership of a TM in England (e.g. getting copyright protection for an artwork in the UK) ensures brand protection. Failure to do so can lead not only to financial but also reputational losses. Why? Because "imitators" will be able to offer services/products of far more inferior quality & get the public to think that they come from you.

Registration of a TM in England is also important because:

• it helps introduce a service/product to the public;
• it gives a service/product a “brand value”, enabling it to be sold at premium prices.

You can also create franchises in Great Britain, allowing their operators to use your brand & increase your profits.

Unregistered TMs

An unbranded business can operate, but it’s bound to encounter legal problems sooner or later. Preventing that from happening requires ensuring that a company’s name (including that of its services/products) isn’t used by other companies.

Using someone else’ TM constitutes a TM infringement & may entail costly & complex litigation, requiring filing a TM infringement suit in Great Britain. It should be kept in mind that the outcome of such litigation may not always be positive for the defendant.

Registering a TM in England ensures that a company can use that name in a given jurisdiction without being accused of violating somebody’s TM rights. It also allows TM owners to prevent other companies from using the same or similar TMs as a way of drawing away new customers.

Great Britain: Brand Protection without TM Registration

Businesses can protect marks they have used but not registered as TMs by deliberately committing an offense. However it affords less protection, requires more time & costs more money.

To avoid rebranding & litigation, business owners would, therefore, be far better off registering a trademark in Great Britain. 

Procedure

It’s possible to register a TM online in Great Britain with the IPO. Doing so requires filling out an application form & paying a fee set by the IPO.