Trademarks and Design Rights

Question 1

What is a trademark?

Answer 1

A symbol, word, or words legally registered or established by use as representing a company or products

Question 2

What are some examples of things you CANT register for a trademark?

Answer 2

• be offensive, for example contain swear words or pornographic images
• be misleading, for example use the word ‘organic’ for goods that are not organic
• be too common and non-distinctive, for example a statement like ‘we lead the way’

Question 3

What is the process of acquiring a trademark?

Answer 3

1. decide what you want to register your trademark in, check if it already exists
2. prepare your application, must include the terms
3. send the application
4. IPO will examine the application
5. talk to potential opposition, defend your application or withdraw it
6. when it is registered the IPO will register it 3 months after you apply, which will come with a certificate.

Question 4

How long does a design registration last?

Answer 4

5 years, must be renewed every 5 years for a maximum of 25 years

Question 5

Design rights - what can you register?

Answer 5

The design of something can include one or more of the following:
- Physical shape
- Configuration (or how different parts of a design are arranged).
- Decoration or colour
- Pattern
- Your design must be new.

Question 6

Design rights - what CANT you register?

Answer 6

• Offensive material, for example swear words or pornographic images.
• Designs making use of national flags that you do not have permission to use.
• Designs making use of official emblems or hallmarks
• The functionality of a design

Question 7

How much does it cost to register a design?

Answer 7

from £50 for one design to £150 for up to 50 designs

Question 8

How do you register a design?

Answer 8

1. check if anyone has registered your design, cost = £24
2. prepare your application (prepare illustrations)
3. send your application, will have to pay a fee depending on how many illustrations you are sending
4. IPO will examine your application, if there are no issues, your design will be registered
5. it will then be published in the journal of registered designs