Trademark Overview

A trademark is a sign — such as a brand name, logo, tagline or symbol — that distinguishes one business's goods or services from another's. Registered under the Trade Marks Act 1999, it gives the owner exclusive rights to use the mark and to prevent others from using a confusingly similar one.

The TM symbol can be used once you have applied for or are claiming a trademark, signalling that you assert rights in the mark. The R symbol can be used only after the mark is registered, and using R on an unregistered mark is an offence. We advise which applies at each stage.

Goods and services are divided into 45 classes under the international NICE classification — classes 1 to 34 for goods and 35 to 45 for services. You register your mark in the classes that cover your actual and intended business, and we help you select them correctly.

A registered trademark is valid for ten years from the date of application and can be renewed indefinitely in further ten-year periods. As long as it is renewed and used, the protection can continue forever, which makes it a durable business asset.

Registration gives you exclusive nationwide rights, the ability to sue for infringement, use of the R symbol, and a valuable asset that can be licensed or sold. An unregistered mark relies only on the harder remedy of passing off, so registration is strongly advisable.

An application can face an examination objection on absolute or relative grounds, or a third-party opposition after publication, and may require a hearing. Each is manageable with the right response, and we handle these stages so your application stays on track.

Book a free consultation and tell us about your brand. We run a search, advise on protectability and classes, and take you through the whole registration process, on a transparent fee.