Benefits
· Secures a statutory monopoly. It will give you the exclusive right to use your mark for the goods and/or services that it covers in the UK.
· Deters others from using your trade mark. A trade mark registration can be used to prevent the registration or use of an identical or similar mark by another individual or company.
· Makes it your property which means you can sell it or license the use of it to others in exchange for payment.
· Can add quantifiable goodwill and value to a business on sale.
Costs
We can take care of the registration process from start to finish.
1. To file a UK trade mark application in one class we charge a fixed fee of £465. Of this, our legal charges for preparing and filing the application are just £265. The official filing fee is £200.
2. For each additional class we charge a fixed fee of £105. Of this, our legal charges are £55 and the official fee is £50.
3. It is possible to file a ‘fast-track’ application which will be examined by the UK Intellectual Property Office (“the UK IPO”) within 10 business days after filing for an additional £300 cost. This fee is payable to the UK IPO.
After filing your application, we charge on a time and materials basis for the work we undertake through to the registration of the mark.
Our charges will depend upon how straightforward the application is and whether it receives any objections from the UK IPO and/or any opposition from third parties. This is not something we can predict with absolute certainty, although we do aim to warn you if your application is likely to be problematic.
There are a wide variety of objections that can be raised by a UK IPO examiner including that your trade mark is descriptive and not distinctive e.g. the trademark SHOES for a “shoe store”.
In the event of an objection, we would need to respond to the examiner. Responding to objections may include presenting evidence of use, engaging in correspondence and/or attending a hearing with the examiner.
A third party may oppose your trade mark application on a number of grounds including that it is identical or similar to their mark and that there exists a ‘likelihood of confusion’ between your proposed trade mark and their registered trade mark.
In the event of an opposition, we will advise you of our additional legal charges and expenses before proceeding on your behalf.
Note that most but not all trade mark applications are straightforward and go through without significant objection or opposition.
For straightforward applications, you should budget an estimated £295 for this stage.
Total cost
You are looking at an estimated total cost of £760 if the application proves straightforward and is registered in one class only.
This works out at just £76 per year, for the first 10 years as trade mark registrations are valid for an initial period of 10 years and can thereafter be renewed every 10 years (for an additional renewal fee).
Note that the above costs exclude VAT (chargeable in addition if we are instructed from within the UK).
We think this is outstanding value for money given the benefits of a trade mark registration.
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