Do I need to register my name as a trade mark?

 

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Robert Lee

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7. Do I need to register my name as a trade mark?

You need to balance the costs of applying to register your name as a trade mark (and renew it every ten years) against the advantages of registration. The advantages can be significant, and the costs low.

Registration gives you exclusive rights to use the name in the UK in relation to the classes of goods or services specified in your registration. (There are 45 classes to choose from.) If anyone tries to use it, or a name like it, in relation to goods and services in those classes you can stop them and force them to deliver up any goods that have your mark on them. You can also recover damages and an account of any profits they have made.

Registration means the name is easier to sell ('assign'), and you can usually ask a higher price for it than an unregistered name. It is easier to license someone else, such as an agent or distributor, to use a registered trade mark than an unregistered name. You can even insure it.

If you decide to register, UK registry fees are £200 to apply in one class, and another £50 for each further class. Professional fees are additional, depending on the work involved - legal advice is recommended.