TRADE MARK FAQS

What is a trade mark?

A trade mark is a badge of origin. It may be a word, a logo, a strapline or even a colour, shape or sound.

Why should I register my trade mark?

The answer is two-fold. In order to protect against unauthorised third party use of a conflicting trade mark and to preserve against somebody else seeking to stop continued use of your trade mark. For a more detailed explanation, please see the following video:

I want to register my trade mark – which classes should I choose for registration?

The UK IPO classification system has 45 ‘classes’ of goods/services. When filing a UK trade mark application, the Applicant has to specify the goods and/or services in relation to which registration is sought. Albright IP can advise you on the most appropriate classes for your trade mark application.

The EUIPO classification system also has 45 classes. Changes to the Community trade mark system in 2016 mean that nominating a particular class no longer automatically includes all sub-classes within the main class. We recommend that you consult a professional Trade Mark attorney prior to registering your trade mark to ensure that you obtain protection for all of the classes and sub-classes which apply to your trade mark.

Who can own a trade mark application or registration?

A trade mark application or registration can be owned by one or more individuals, a Limited Company or a Partnership.

Can ownership of a trade mark application or registration be transferred?

Yes, ownership of a trade mark can be transferred from one legal entity to another via assignment. For a UK registered trade mark or application, the assignment must be recorded immediately at the UK IPO to give it legal effect. Albright IP can prepare the required documentation and advise you regarding recordal at the UK IPO.