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What to keep in mind while doing a Trademark Search in UK?

1. Introduction

A trade mark is a symbol that can be used to differentiate your products and services from those of your competitors (you may also refer to your trade mark as your "brand").

Trademarks are permissible provided that they satisfy the following criteria:

unique in terms of the products and services you offer

In other words, they can be identified as indicators that distinguish your products or services from those of others.


2. Trademarks and symbols that are safeguarded

You are prohibited from registering any sign as a trademark if it contains or consists of an emblem that is protected by an international agreement. Article 6ter of the Paris Convention for the Protection of Industrial Property is an example of such an agreement.

The purpose of Article 6ter is to safeguard and prevent the registration and use of trademarks that are identical to, or very similar to,


·       honorifics

·       flags and other emblems of the state

·       official symbols

·       distinguishing characteristics

·       additional emblems

·       abbreviations and names of international intergovernmental organizations


Please visit the World Intellectual Property Organizations (WIPO) website for additional information regarding Article 6ter.


3. Domain names for the Internet

A domain name is a name that identifies a company or organization on the internet. It typically includes the company name or another identifier.

In order to register a domain name, it is necessary to submit an application to an accredited Registrar.

The Internet Corporation for Assigned Names and Numbers website contains an inventory of Registrars who are accredited or who are accredited-qualified.


The mere possession of a registered trademark does not inherently grant you the right to use it as a domain name. The primary reason is that the same trademark can be registered by multiple proprietors for a variety of products or services. Additionally, it is possible that the domain name has already been registered by an individual, and this registration is entirely legitimate. It is possible that the use of the domain name is associated with unregistered products or services.


The converse is also true: even if your domain name has been duly registered, it does not necessarily imply that a similar trademark will meet the necessary criteria for trademark registration, and it may be confusingly similar to an earlier trademark of another individual.

We recommend that you seek legal counsel if you suspect that a domain name has been registered unlawfully or maliciously. Alternatively, you may seek guidance from Nominet UK, which also provides a Dispute Resolution Service for UK domain names.

The WIPO Arbitration and Mediation Center, for instance, administers additional dispute resolution procedures.


4. The registration of company names

The registration of companies in Great Britain is the responsibility of Companies House.

Trademark law is distinct from company law. By registering your name with Companies House, you are unable to prevent the use of a trademark that is identical or similar to yours.

We are unable to guarantee that the name of a company that has been accepted for registration at Companies House is acceptable to us as a registered trademark.


For instance, the company name may not be eligible for trademark registration due to the following:

·       Notably, it is not regarded as distinctive

·       It serves as a descriptive term or phrase.

·       It may serve as an indicator of geographical origin.

·       It is possible that it has already been registered in the name of another individual.

·       The following company names are not good enough to be used as trademarks:

·       Builders Who Are Dependable

·       Affordable Automobile Insurance Provider

·       Similarly, a word-based trademark may not be eligible for registration at Companies House.

 

5. Searching online database


You can search trade marks database free of charge online. You will be able to determine whether your trademark has already been registered.

Nevertheless, it is important to acknowledge that this service is not intended to serve as a comprehensive trademark search facility and should not be employed to definitively ascertain the existence of a conflicting trademark. When reviewing your application, our examiners will conduct an exhaustive search of all existing trademarks.

 

6. Expert guidance

Legal professionals who specialize in Intellectual Property (IP) are beneficial in assisting you in the comprehension, acquisition, and defense of your IP rights. The information regarding professionals is designated as Trademark-R.


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