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Why Are Trade Marks Important?

Trade marks are important to all businesses for the following reasons: (1) They allow you to stop others from trading on your good name; (2) They help you ascertain whether others have already monopolised your name (to protect against claims in the future); and (3) They are commercial assets of your business, and are one of the first things an investor or purchaser might look for when considering valuation.

What can be registered as a trade mark?

A trade mark must be a unique identifier of your brand, in the vast majority of cases this means that trade marks protect either specific words or logos. However, in certain circumstances, it’s also possible to protect straplines, product shapes, sounds and colours.

What cannot be registered as a trade mark?

  • Anything offensive
  • Anything purely descriptive of the goods or service it will relate to
  • Anything misleading
  • A common or non-distinctive phrase
  • Anything resembling state symbols like flags or hallmarks

If you’re satisfied that your mark meets the criteria for registration, the next step is for us to check if anything similar is already registered. Once we’re confident that your mark isn’t already taken, we can apply through the UK Intellectual Property Office (UKIPO). It is also recommended that you register your trade mark in any country in which you’ll be doing business. This can be done on a per-country basis or through international registries.

To discuss the application process and for guidance on registering your trade mark in the UK or internationally, please get in touch using the form opposite and we will be happy to discuss your requirements during a free consultation

Get In Touch

For a FREE, no-obligation quote just fill in the form below and someone from our team will be in touch within one working day to discuss your requirements.

Client Testimonial

“Briffa are highly professional and really deliver on what they promise. I used them for a Trademark application and everything from communication to the pricing was highly suitable… Briffa are a breath of fresh air and I will use them in the future and I am already recommending them to my friends and family.”

– Kenneth Emeka Okoroafor, Trade Mark Services Client

How Can We Help?

Our team has a wealth of experience dealing with the entire trade mark process, from preparing suitable applications to discovering (and coming up with creative solutions around) similar marks. By working with us, you could free up valuable time and resources to devote to your business.

We can help you:

  • Ensure your IP is eligible for registration
  • Advise whether it’s worth registering
  • Check for pre-existing trade marks that may conflict with your application
  • Figure out what to do if a similar mark already exists
  • Determine which countries or international governing bodies you should submit your application to
  • Assist you with the registration paperwork for the countries you wish to register in
  • Monitor the publication of your application for objections, facilitating negotiations and advising on the best way to proceed

Why choose Briffa?

We’ve helped businesses register their trade marks since 1995
We offer a free consultation to discuss your brand protection needs before any fixed fee quotes are given
We have offices in the UK, the Republic of Ireland and Malta
We offer an industry leading service with short turnaround times and business-focused advice

Frequently Asked Questions

Trade Mark Case Study

Often, it requires some creative thinking for a business to get around a trade mark problem. One of our clients wanted to secure a logo mark, but found there was already a mark on the register that would block their mark from being successfully registered.

Sometimes, it’s possible to enter into a co-existence agreement with the owner of the blocking mark, so each side knows how the other will develop their business and avoid overlapping one another. However, in situations like our client’s case, the blocking mark was so close to our client’s mark that a co-existence agreement simply was not possible.

To resolve the issue, we searched for similar marks predating the blocking mark. We were looking for any mark similar to our client’s intended mark, but owned by an individual or company that may consider selling to our client.

We eventually found a mark fitting the bill and approached the owner. We agreed on a deal suitable to both sides, and the owner even handed over the domain name associated with the mark as an extra.

With a creative, outside-the-box approach to solving the problem, our client was able to secure a trade mark they were happy with.

Meet Our Team

Meet some of our specialist trade mark lawyers who can assess your legal matters and advise on the best solution for you.

Get In Touch

For a FREE, no-obligation quote just fill in the form below and someone from our team will be in touch within one working day to discuss your requirements.
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What Our Clients Say

Briffa has served hundreds of satisfied clients across a broad range of sectors since our creation in 1995. We’re proud to be leading intellectual property solicitors, but don’t just take our word for it
— here’s what our clients have to say.

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