Stop Press: We are delighted to announce that from 3rd May 2022 our co-founder and Head of Legal, Rachael Ward is joining Gill Jennings & Every LLP (GJE) based in Broadgate Tower, London EC2A. This is wonderful news for Rachael, Bill and all clients of Ward Trade Marks. GJE is a top tier firm that offers the full range of IP services to SME’s, corporates and multinationals. This means that our clients will have access to a much wider range of IP business support all under one roof. GJE has deep expertise across trade marks, patents and designs. In addition to trade mark and branding prote ..read more

Dr Stephen James writes again for Ward Trade Marks. Stephen is a past president of CITMA, and a leading practitioner with almost 40 years’ experience in UK and EU trade mark law. This time he provides us with a rundown on the use of the word albion. He of course adds his love of football and his usual humorous trade mark twist to the story. Spoiler alert, Steve is an avid West Bromwich Albion supporter! The word Albion is an ancient Gallo-Roman name for Britain for England. It is suggested that the Romans coined the term, from the word albus (white), on seeing the cliffs at Dover. Albion ..read more

As a trade mark owner, you need to ensure that no one else is attempting to register your trade mark even when you have already registered it. You can do this by regularly checking the UK Intellectual Property Office (UKIPO) trade mark journal and keeping a close eye on your competitors; however, that job is very labour intensive and so no one does it because it is not a good use of their precious time. A much better option is to use a trade mark watching service, such as our WardWatch® product, which keeps track of new trade mark applications in the UK, the EU, and even worldwide – all done ..read more

Unregistered trade mark vs registered trade mark – what is the difference If you trade in business using an unregistered trade mark, your brand could be in danger because you do not have an exclusive right to use the trade mark. The trade mark only becomes your exclusive property when you register it at the UK Intellectual Property Office (UKIPO). The article below explains why. What is an unregistered trade mark? All businesses have trade marks of some sort, whether they realise it or not. Business names, logos and straplines may all be trade marks. This is because they are ‘signs’ which are ..read more

Trade marks, or to be more accurate, registered trade marks aren’t just for big brands. Small to medium sized businesses can and should register their trade marks too. Here’s why. Every big brand started out as a small company There’s a common misconception that trade mark registration is just for global corporations and household names. As trade mark attorneys, we hear this all the time. But actually, it just isn’t true. Consider the footwear brand Nike. The name ‘NIKE’ and the ‘swoosh’ logo were registered as trade marks back in the 1970s, after the company changed its name from Blue Ribbon ..read more

Why your brand designer is not at fault if your trade mark application hits the buffers If you’re about to create a new brand – or you’re eyeing up a rebrand – then let us stop you right there. We have an important question for you… Have you checked whether your proposed name and logo are already registered as trade marks and/or commercially ‘in use’? Hint: Taking a ‘quick look’ using the UK IPO trade mark search tool and/or google does not count – see below. No? Then you need to ask a trade mark attorney to carry out trade mark clearance searches for you, before you commit to an expensive bra ..read more

What is a Trade Mark? As Trade Mark Attorneys, we talk a lot about whys and wherefores of trade mark registration. But as experts in this area of law, we sometimes fall into the trap of failing to explain the basics, like what the term ‘trade mark’ actually means. That’s why in this blog, we’ve taken it back a step to examine two questions: what is a trade mark, and what will a trade mark do for you? Trade marks explained A trade mark is a badge of origin that distinguishes the goods or services of one trader from another. OK, there we go with the legal speak again. Basically, a trade mark is ..read more

Companies House registration vs trade mark registration explained No, registering your business name with Companies House is not the same as registering a trade mark. Registering your business name with Companies House is something you do to become an incorporated company. It offers some protection over your company name – but not a lot. Registering your business name as a trade mark with the UK Intellectual Property Office (UKIPO) is something you do to secure the intellectual property in your name. It turns your business name into a registered trade mark. This gives you exclusive rights to u ..read more

What Business Coaches Need to Know About Brand Protection Business coaches are just like anyone else with a commercial enterprise: they want to protect their brand, their service and ultimately their business. Intellectual property laws can help you achieve this, but the rules around what you can and cannot do are complex. This article explains everything you need to know about branding from an intellectual property (IP) perspective, including: What is intellectual property? What qualifies as a trade mark? What does not qualify as a trade mark? What is the essence of good brand identity and t ..read more

To register a trade mark in the UK, you need to make an application to the UK Intellectual Property Office (UKIPO). No two applications are the same. That’s the very point of a trade mark – it’s unique to you and your business. However, you can expect the process to broadly cover the following eight steps. Check your trade mark qualifies Certain things cannot be registered as a trade mark, such as words that describe the goods or services you intend to sell, or the type and quality of the goods. So, you need to be sure that your brand name and logo actually qualify as a trade mark, before y ..read more