Have doubts about whether you can trademark a name already in use in the UK? Learn what the experts have to say about it.
When you see a company’s logo you remember their product immediately, take McDonald’s or Puma for instance. But have you ever wondered why you don’t see other companies copying the same logo? That’s because they are Trademark a Name, and it becomes illegal to copy their logo.
What Is a Trademark?
A trademark is a form of private property containing a unique symbol, colour, or a phrase that specifies properties or business from a specific reference and differentiates them from other competitors. The trademark holder can be a person, business group, or legal entity. A trademark may be printed on a packet, a tag, a coupon, or on the property itself.
How to Trademark a Name Already in Use in the UK
Sometimes, the name you have planned for your business may be already in use or registered in the government. In that case, you can use the steps below.
- You can ask permission from the holder of an existing trademark to register yours
- They must provide you a consent letter
- This letter has to be mailed along with your form
- If you apply for a trademark that is already in use, then the intellectual property authority will reach out to you
- They will let you know about the same in the feedback form.
How to Check Whether Your Trademark Is Already Registered
The experts at Vakilsearch always recommend checking whether the logo is already registered before finalising the name for your company
- Search if anyone has already registered a similar trademark for the same goods, service or assistance
- Make sure to search the EU trademarks account on the European Union Intellectual Property department website for any EU petitions that are pending
- You can use a trademark adviser to assist you with investigations and enrollments.
By following the above tips, you can easily overcome confusion and choose the best and unique trademark for your company.
What Should an Ideal Trademark Contain?
Since we are clear on steps for registering Trademark a Name already in use, let us see how to finalise an ideal trademark.
Your trademark must be unique. It can include:
- Name or phrases
- Voice or sounds
- logos or symbol
- colors
- a mixture of any of the above
As per the rules and regulations of the US, your trademark cannot:
- Contain any obscene language or adult portrayals
- Illustrate the services and goods it will associate. For example, the word cloth or cotton cannot be a trademark for the textile industry
- Use the term organic for goods that are not organic
- Be a 3D image that directly symbolises your business
- Be too familiar and non-distinctive
- Be closely resembling the characters such as flags or hallmarks established by World Intellectual Property Organization guidelines.
To sum it up, your trademark should be clear, unique and to the point, it should never mislead the onlooker.
Series Application
If you want to register more than one logo or trademark on your petition, then you can file for a series application. Registering via a series application does not give any additional benefits compared to a normal trademark petition. However, you can reduce extra expenses by enrolling in various trademarks.
Your trademarks must be related, and you must make sure that they are very similar to each other, and have changed only in one or more of the following ways:
- The color or portion of the trademark
- Affidavits or articulations about an area, location, personality, rate, or number
- Affidavits or articulations associated with the product.
To register in series, you must also plan to utilise or practice the trademarks. Only the proprietor of the trademarks can apply for registration. A proprietor can be an individual ,a firm, or an incorporated or unincorporated institute.
Therefore, you must be the proprietor of the trademarks to file a series trademark petition. It is crucial to make sure that your series of trademarks can fulfill all the essential criteria.
How Vakilsearch Can Help in Registering Your Trademark
If you are planning to incorporate your company or register your trademark in the UK, Vakilsearch is the best option. We will provide all the required insights. Our experts can help you incorporate your company into the UK easily. All you have to do is ping us on vakilsearch.com, and our experts will guide you through the process.
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