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Anyone had experience of creating a trademark for a product?

5 replies

OldWotzBat · 02/11/2007 09:23

Any creatives or legal advice would be welcome
infact any info welcome

OP posts:
needahand · 02/11/2007 10:47

In brief. Try to register your trademark before you start using it (this will avoid future pb).

Decide in which country you will need your trademark as tms only offer territorial protection. If you think of commercialising your product in all europe, register a CTM (community Trade mark cost around £3-4k for 3 classes if you use and agent if you don't check the fees on UK IPO website or OHIM for CTM). Wouldn't recommend registering an international one unless you go global as very expensive.

UK tm (without agent cost or unexpected cost such as oppositions) is about £800 (with agent fees) depending as to how many classes you register.

When you chose you tm, you can either register a text eg TRADEMARK or a device eg TRADEMARK with a logo. For text you can go for black or white or colour but if you are streched penny wise go for black and white as colour only protects your TM as is (i.e with the chosen colours).

When you have chosen you TM check the classification to see in which classes you need to register your mark (i.e in respect of which products you will use it).

Then you need to draft the specifications of your TM eg: outwear children clothing but not rainwear. To be honest I would really recommend using a trade mark agent/attorney to help you, this might be slightly more expensive to start with but will avoid more costs/hurdles later one

Remember that you TM must not be descriptive and must be distinctive and you cannot use something too similar to another mark. Do a quick check on UK IPO and OHIM with as many spelling as you can and as many variations as you can of your TM to check it wouldn't be similar or identical to another one for the same products. Would also try a google search (worldwide).

That is it in a nutshell, you are probably now quite confused and thinking "blimey". I am not even going to try to explain the registration process with IPO otherwise this post will be very long indeed. I would really advise taking a TM attorney as it would help greatly. Protecting your Intellectual Property and getting is right from the start is v v important as the value of your business will rely on it.

Goog luck

www.itma.org.uk/intro/index.htm

www.ipo.gov.uk/

oami.europa.eu/

OldWotzBat · 02/11/2007 10:57

No that's great and I did not think "blimey" at all, as it was very well explained .

I have information on the registration process (already taken some steps) and so your reply was just what I needed.

Thanks for the links.

OP posts:
needahand · 02/11/2007 11:34

Feel free to ask if you have more specific questions. Would be happy to help

OldWotzBat · 02/11/2007 11:41

thank you I will let you know

ATM I am on the www.ipo.gov.uk website looking at the classes we require and trademarks that have been registered to get some ideas of how to make a distinctive mark, sign or indicator that is suitable.

Our process already with the SAS.

OP posts:
needahand · 02/11/2007 12:27

Ps one tip re distinctivenss etc: invented words are usually stonger eg: accenture or boobalooba etc..

Good luck

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