Most of us have heard the term ‘Trade mark’ and have seen the little TM or R symbol next to a company logo, but what does it mean and how do you go about applying for a Trade mark?

Also what does the little TM mean, and what does the R mean?

I’m going to lift the veils for you a tad and point you in the right direction for further information and where to apply.

A trade mark is a sign which aims to distinguish your goods and services from your competitors. You can trade mark a name, a logo (including logo design icon) and you can trade mark a combination of both, which is what many companies do when they apply for their company trade mark.

First of all lets explain what the TM symbol means and the R symbol means when you see them, and who can and cannot use them - because I think the distinction is quite important.

TM Symbol
This small symbol you will have doubtless seen many times like this - ™ means that the business owner is using that company name, and/or accompanying logo design icon as a company trade mark, it does not mean that their logo design trade mark has actually been ‘registered’.

So basically anyone can use the trade mark symbol if they want to next to their company logo. Doing so helps to establish what is called ‘common law’ trade mark rights which will offer some degree of protection.

With common law you can potentially stop someone from using your trade mark if you can evidence that;

- the mark/name is yours
- you have built up a business reputation using this mark/name
- the other person’s use of your mark harms your business.

This is called ‘passing off’ and can be a very difficult and expensive procedure. By registering your mark, taking legal action becomes much simpler.

R Symbol
The registration symbol you will have seen ®, can only be used alongside a company logo design once that mark had been applied for and actually legally registered as a trade mark, affording the owner of the mark a lot more protection. To use this symbol when your mark has not be registered is an offence.

Having your company name registered as a Ltd company at Companies House does not mean that you have registered a trade mark for your company name and/or symbol.

Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in the United Kingdom, and by putting the ® symbol alongside your company logo design warns others against using it.

It also allows you to take legal action against anyone who uses your mark without your permission and if you win your case Trading Standards Officers or Police are able to bring criminal charges against them.

A registered trade mark is your property, which means you can sell it or allow people to use it by licencing it.

What Can You Register
Any application to register your trade mark must be for a name and/or symbol which is distinctive for the goods and/or services you provide.

An example would be that if you sell eggs you can’t register the trade mark name ‘eggs’, because that is just a general name for your product which is used by all and is not distinctive for your company only.

You could however apply to register something like Fresh Eggs Direct, or Southgate Eggs

What Can’t You Register
- You can’t describe your products/services for your trade mark. As mentioned above…you can’t apply to trade mark ‘eggs’ just because you sell eggs.
- Protected emblems such as official signs or crests, or 3D shapes that are typical of the goods/services you offer.
- Marks/names that are offensive or against the law, or promote drugs etc.
- Deceptive names/marks that seek to mislead the public.

Is It Mine Forever Once Registered?
Once registered your trade mark will be in force for 10 years, afterw hich time you will be permitted to apply to renew your trade mark for a further ten years …and so on…

How To Apply Yourself
If interested in registering a trade mark I’d recommend that visit and read through these pages at the Intellectual Property Office.

Applying to register a trade mark yourself is simple, quick, and relatively low cost considering what you gain by doing so and you can apply online or acquire PDF application forms online if you prefer to post your application.

Using A Lawyer
You can if you prefer, and many businesses go this route, hire a trade mark lawyer to handle the application on your behalf, this may be especially recommended if you feel you may encounter difficulties or opposition when attempting to register your mark.

Michael Deans is a reputable trade mark and patents attorney that a couple of my clients have used for their own trade mark applications.