Your brand’s logo and name are essential to your identity, setting you apart in a crowded marketplace. Protecting them through trade marks is a vital step in safeguarding your visual and brand identity. In this guide, we’ll explore the basics of trade marks, why they matter and how to protect your branding effectively.

What Is a Trade Mark?

A trade mark is typically a unique symbol, word, phrase, smell, sound, design or combination of these that identifies your goods or services. It distinguishes your brand from competitors and builds trust with customers.

Examples of trade marks include:

• Logos: Think of the iconic Nike swoosh or the Apple logo.
• Brand Names: Names like Coca-Cola or Dyson are protected trade marks.
• Slogans: Phrases like “Just Do It” can also be eligible for trade mark protection.

Why Register a Trade Mark?

Registering a trade mark offers legal protection for your brand assets and provides several, key benefits:

1. Exclusive Rights: Only you can use the trade marked name or logo for your goods or services.  You might also have rights to prevent the use of similar marks. 
2. Deterrence: Registration acts as a warning to potential infringers.
3. Legal Recourse: It strengthens your position if you need to take legal action against copying or misuse.
4. Asset Value: A registered trade mark adds value to your business and can even be licensed or sold.

How ACID helps: ACID members receive expert advice on how to register trade marks and protect their branding effectively.

How to Protect Logos and Brand Names

Follow these steps to secure your trade mark in the UK:

Step 1: Check Availability

Before applying, ensure your proposed trade mark is unique and not already in use. Conduct a search through the UK Intellectual Property Office (UKIPO) database or consult a trade mark professional.

Tip: Avoid common words or designs that may be difficult to register.

How ACID helps: ACID’s legal affiliates can assist with trade mark searches to confirm your logo or brand name’s availability.

Step 2: File Your Application

Registering a trade mark involves:

1. Completing an application on the UKIPO website.
2. Submitting a clear representation of your logo, name or slogan.
3. Choosing the correct trade mark classes that match your goods or services.
4. Paying the application fee (starting at £200 for one class using the “Right Start” system).

Tip: Be thorough when selecting classes to ensure full coverage for your brand and use the “Right Start” system so your application is checked by the IPO, allowing you to make changes to the goods and services or to produce evidence that your mark is distinctive, if necessary.

How ACID helps: ACID members have access to step-by-step guidance on filing trade mark applications.

Step 3: Address Objections or Oppositions

The UKIPO examines your application and may raise objections if your trade mark is not sufficiently distinctive or the goods and services are not clearly described. Third parties also have an opportunity to oppose your application if your mark is too similar to theirs.

Tip: Respond promptly and provide evidence to support your case, if necessary.

How ACID helps: ACID’s legal experts can help resolve objections and secure registration of your mark.

Step 4: Maintain Your Trade Mark

Once registered, your trade mark is valid for 10 years and can be renewed indefinitely. Ensure consistent use of your trade mark to maintain its protection.  Marks registered for five years or more can be challenged for non-use.

Tip: Monitor the market for unauthorised use of your trade mark and act swiftly against infringers.  Ensure that you can evidence use of your mark for all the goods and services for which it’s registered after the first five years. 

How ACID helps: ACID provides members with tools and advice to monitor and enforce trade mark rights effectively.

Common Misconceptions About Trade Marks

1. “I Don’t Need to Register My Logo; Using It Is Enough” While unregistered rights can offer some protection, registration provides exclusive rights and stronger legal backing.
2. “A Trade mark Protects My Entire Brand identity” A trade mark covers specific elements, such as your logo or name and specific goods and services, depending on what you choose to register.  Additional IP protection may be needed for other assets, like designs or copyright.
3. “Once Registered, I Don’t Need to Do Anything Else” Ongoing enforcement and renewal are essential to maintain your trade mark, as is use after the first five years from registration.

How ACID helps: ACID’s membership includes resources to clarify IP myths and ensure your rights are upheld.

Key Benefits of Trade Mark Registration

• Market Advantage: Protect your unique identity and stand out from competitors.
• Customer Trust: A trade mark reinforces credibility and professionalism.
• Peace of Mind: Know your brand is legally protected.

Tip: Registering your trade mark in international markets ensures broader protection if you plan to expand globally.

How ACID helps: ACID members benefit from expert advice on international trade mark strategies.

How ACID Supports Trade Mark Protection

ACID  is committed to helping designers and businesses protect their intellectual property. As an ACID member, you can:

• Access expert advice on trade marks and other IP rights.
• Use the ACID IP Databank to record and date-stamp branding elements.
• Display the ACID logo as a visible deterrent to potential infringers.
• Gain access to legal affiliates for guidance and enforcement support.

Take Action to Protect Your Brand

Registering your trade mark is a crucial step in safeguarding your brand’s identity. By taking proactive measures, you can prevent misuse and strengthen your business’ market position.

Ready to protect your logos and brand names?

Join ACID today to access invaluable IP resources, expert advice and a supportive community dedicated to protecting creativity.