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Will my trade mark be accepted

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Lawdit Solicitors - Expert Author

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28 July 2011

Will my trade mark be accepted?

Marks most likely to be considered and accepted by the UK IPO are invented words or dictionary words that are not in any way associated with your goods or services and which are distinctive. Words, logos, pictures or other signs which the public are unlikely to consider a trade mark may be rejected. An example of marks which may be refused are:

marks which describe the goods or services or any characteristics of them, for example marks which show the quality, quantity, purpose, value or geographical origin of the goods or services

have become customary in your line of trade

are not distinctive.

three dimensional shapes, if the shape is typical of the goods you are interested in has a function or adds value to the goods

specially protected emblems

offensive

against the law, for example, promoting illegal drugs and

deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

It is also important to consider earlier rights- or in other words is there a similar mark all ready out there that will lead to confusion. If there is a similar mark, you will be told about this and then you can make a decision whether or not to continue with the application. If the application proceeds the owner of the earlier mark will be contacted about the new application and they may oppose your mark.

Opposition could result in your mark not being registered and an award for costs against you being made.

 Jane Coyle is a Solicitor and can be contacted at jane.coyle@lawdit.co.uk. Lawdit Solicitors is a commercial law firm based in Southampton with associate offices in London Malaga and Rome. Telephone 02380 235979

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2011-08-04 16:51:53 in Legal Articles

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