Trademark clearance

In a series of meetings you have decided upon a brand for the business name or business product name. Finally you all breathe a sigh of relief. But it’s not the end of the process. You need to give serious consideration to the legalities of trading using this brand and then move on to the registration of this brand. It cannot be emphasised long and loud enough- you need to register your business name and product.

To do so we will carry out a search for you. The brand or mark must "distinctive" and also capable of being represented graphically. A trade mark may be any sign- a word, a slogan, a sound or even smells can be registered.

The search takes two stages. We search against the word and apply our skills advising you as to whether or not the proposed mark functions as a trade mark under absolute grounds.  These grounds would be the two mentioned above i.e. capable of being graphically registered and distinctive. These can be found in sections 3 and 5 of the Trade Marks Act 1994. Useful indicators and guidance can also be found in chapter 3 of the Manual of Trade Marks Practice. The Absolute grounds relate to the quality and character of the trade mark. Once we advise you of this we then move on to the relative grounds. That is those identical or similar marks that are already on the register, or putting it another way those marks that are already registered as trademarks. Best advice is to seek a search. The basic search costs £50+VAT and it is provided with care and skill. It will give you a report and an advice and we are happy to talk to you about the search and provide advice and assistance as we develop a relationship.