TRADE MARK SERVICES
Protection may be available for signs beyond words and conventional logos, including colours, shapes, sounds and other recognised mark types. The permitted representation and substantive requirements depend on the office and the type of mark.
How we approach your matter
We identify the exact subject of protection and check representation, distinctiveness and any exclusions. Functional product features cannot simply be reserved through a trade mark filing. Evidence of acquired distinctiveness may require a separate assessment.
Practical examples
Defining the feature to be protected
Define precisely which colour, shape or other feature the business wants to protect. Gather examples of actual use and assess whether that feature functions as a brand identifier for the relevant products.
Preparing the application representation
Prepare a representation that matches the sign to be used commercially and the requirements of the selected office. Check technical file requirements before treating the application as ready for submission.
Responding to a mark-type objection
Review the refusal against the particular mark type and the evidence available. Decide whether further material, a narrower claim or protection for other brand elements offers a practical response.
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.