TRADE MARK SERVICES
The sign filed determines what is recorded in the register. A word mark, a figurative mark and a combined word-and-device mark are not interchangeable. A slogan must meet the applicable requirements for protection.
How we approach your matter
We review the intended presentation and the distinction between descriptive wording and distinctive elements. The filing strategy should reflect how the brand will actually be used and which elements matter commercially.
Practical examples
Protecting a name separately from its logo
Identify whether the commercially important element is the name itself, the graphic design or their combination. Compare separate word and logo filings against the planned use and available budget.
Assessing a promotional slogan
Review the slogan in the context of the goods and services rather than treating advertising approval as confirmation of registrability. Consider whether a different formulation or filing strategy would be more suitable.
Reviewing a redesigned brand
Compare the revised branding with the signs recorded in the existing registrations. Decide which elements need fresh protection and preserve evidence showing how the old and new versions have been used.
What to send us
- The proposed mark or register numbers and proprietor details.
- A description of the goods, services and target markets.
- Relevant correspondence, evidence and deadlines.
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Practical legal assessment
Words, graphics and non-traditional features can be different objects of protection. A word mark concerns the wording, while a figurative mark covers the filed presentation. Adding graphic elements does not automatically give exclusive rights to a descriptive word on its own.
For shape, colour, sound, movement or position, identify precisely what is claimed. Separate protected features from the surrounding product. Assess functionality, distinctiveness and other obstacles before choosing the filing route. Design and copyright protection may also be relevant.
Agency agreements should identify which designs may be used and modified. A trade mark application does not replace clearance of those rights. Review drafts, file versions, licence terms and intended use together before launch.
Four practical examples
Illustrative scenarios to explain the assessment; these are not reports of client matters.
Changing typography
A company regularly changes its lettering. Consider protecting the name independently and identify which logo versions also merit separate protection.
Functional product shape
A distinctive package is easier to open. Assess functional features and source-identifying character before a shape-mark filing, and consider design protection separately.
Sound in an app
An app uses a short audio sequence. Review the exact recording, the composer’s rights and its source-identifying use before filing a sound mark.
Campaign slogan
An advertising slogan simply describes a product benefit. Assess its wording and relationship to the goods before filing; large advertising expenditure does not replace that analysis.
Must words and graphics be filed together?
That depends on which elements are used independently and have commercial importance. A registration for a complete logo does not automatically create a separate word right. Balance registrability, cost and actual use when choosing the combination of filings.
Preparing the next step
Provide the exact sign, relevant products, target territories and any register numbers. If there is an office notice or dispute, include the complete correspondence and the date of receipt. We identify missing information, agree the scope and clarify fees before taking further steps.
A useful instruction file distinguishes the confirmed facts, missing information and decisions still to be made. Keep dated versions of specifications, sign designs and correspondence so changes can be traced. Agree who approves each step and who monitors the next deadline. Where several companies or advisers are involved, document their respective roles. The resulting plan should connect the legal assessment with the operational changes needed in packaging, contracts, sales channels or register administration.
Discuss your trade mark matter
Tell us about your mark, target markets and any deadline. All fields are optional; please provide an email address or telephone number if you would like a reply. Sending an enquiry does not itself place an order or establish a client relationship.