TRADE MARK SERVICES
Naming, design, domain selection and legal clearance should be coordinated before launch. Design approval or domain availability does not establish freedom to use a brand.
How we approach your matter
Record the candidate signs, intended products, target countries and contributors. Clarify ownership of designs and translations, review earlier rights and agree who will own the applications.
Practical examples
Screening a shortlist of names
Screen the shortlisted names before design and marketing commitments become difficult to reverse. Check relevant trade mark rights and identify the proposed owner before selecting the final brand.
Coordinating the brand assets
Coordinate the logo, word mark, domain and social account plans around the same commercial identity. Keep clearance and registration decisions separate from the technical availability of a domain or username.
Preparing an international launch
Before an international launch, review local versions of the name and the intended distribution arrangements. Agree who owns and controls the brand in each market and schedule the required filing work.
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.