The registration of a Trademark is vital and often complex activity.
Not only can London Law arrange for the registration of trade and service marks, we can also carry out searches at Trademark Registries in the United Kingdom, Europe and overseas generally.
A trademark may consist of words, designs, letters numerals or the shape of the goods or their packaging.
In order to be registerable, a mark must be sufficiently distinctive to function as a Trademark and it must not conflict with prior registered or unregistered third party rights.
Perils of Non-Registration
Third parties may legitimately adopt, use and register the identical/similar mark of interest to you and then proceed to successfully stop use/registration of your own Trademark. Having a company registration may NOT suffice as a defence to a trademark infringement action.
To stop third parties use of identical/similar trademarks to your own, on the basis of unregistered trademark rights is costly, lengthy with the burden of proof of damage to your business heavily dependent on evidence produced on behalf of your company.
If you wish to discuss issues relating to Trademarks please contact email@example.com or telephone 020 7353 9471
Trademark Searches are now offered at 4 levels;
1. search for identical marks (a 'coarse filter' to identify the clearest knock-outs among registered or pending marks): £150 + VAT;
2. full availability search (looking for similar, as well as identical, registered or pending marks for similar or identical goods and services), with minimal comment from us: £375 + VAT;
3. full availability search, as above, but with detailed analysis from us: £375 + VAT plus time charges of at least £250 + VAT; and
4. common-law search to look for unregistered rights established through use and resulting reputation: £300 + VAT per class.
We would always advise to carry out a level 3 search before applying to register a Trade Mark as if the application is rejected the disbursements payable to the Patent Office are non-refundable. Once a search is carried out London Law will lodge the application to register the name and/or logo and advise the relevant classes suitable for your application. Applications can take up to six months, (the application is advertised in the Trade Mark Journal for three consecutive months) and may be queried by the registry and need to have some details clarified or changed. Charges are from £600 + VAT for one class with an additional £175 + VAT per additional class.