Brand Name Registration Guide

Many clients come to us with requests to register their brand name.

In legal terms this means registering a trade mark. Typically by 'brand name' people mean what is termed a 'word-only' trade mark, but you can also register your brand name as a stylised word mark (such as in a distinctive font) or word with a pictorial device or logo. Which of these you choose should depend on how distinctive your mark is and whether anyone has already registered something similar.

How to Register a Brand Name

In other words, put simply your brand name can be made into a registered trade mark. If you commission a trademark search through Trademarkroom we will advise you on what is likely to be the most successful way to make your brand name a registered trade mark.

If you do not register your brand name it is still a trade mark, merely an unregistered trade mark. (n.b. Generally speaking people are talking about registered trade marks when they use the term 'trade mark'.)

Unregistered trade marks in the UK have legal protection under the law of passing off. However to pursue people who you feel are taking advantage of your unregistered trade mark you need to be able to prove in a court of law that you have a reputation in that unregistered trade mark or brand name, that the other person is taking advantage of your reputation and that this has caused damage to you. This is not at all an easy task.

Registering UK and International Trademarks

UK trade marks are registered with the UK government via the UK Intellectual Property Office. This provides a monopoly for the use of your trade mark in relation to the goods and/or services you register it for; and also variations where there is a likelihood of confusion.

If you wish to get registered trade mark protection further afield, trademarkroom can also help you. To file a US trademark at the US Patents and Trademarks Office (USPTO) you need to use a US attorney or have a business in the US. Trademarkroom has a US attorney working in our British offices who files for you for minimal cost. We can file European trade marks and also have a complete network of international associates.