Welcome to RM Online Trade Mark Search and Registration Services
Please click a link below for more information
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Trade Mark applications are now dealt with on a 'first filed' basis and
there is no longer any procedure which allows the proprietor of a later
filed application for a Trade Mark to claim prior right of ownership of the
Mark. It is therefore prudent for an owner of a Mark to file as soon as
possible. We recommend that applications are filed at the conception stage
of a product or service, allowing time to be registered before a product
launch. If a Mark is not registered and has no use, it is not possible to
bring a 'passing off' action.
In addition, by starting registration proceedings at an early stage, searching the Trade Marks register forewarns of existing registered and pending rights. It is estimated that in the region of 30% of research and development conducted in Europe is wasted on products which already exist. Early filing deters competitors from pirating the Mark.
Registration acts as prima facie proof of ownership and entitlement to the Mark.
Registration gives a statutory monopoly of the Mark. Therefore even if a competitor at a later date comes to the idea totally independently, the owner of the Registration still has the right to the Mark and can claim infringement.
Registration enables, without even proof of actual damage, an infringement action to be brought against any identical or similar mark adopted after the filing date, for identical or similar goods, or where there is likelihood of confusion or association with the Trade Mark.
Registration can be obtained before the Mark has been used as long as there is genuine 'intention to use' the Trade Mark.
Registration avoids a costly 'passing off' action in most circumstances.
Registration gives 'security of mind' to the owners of the registered Mark. Owners of similar but unregistered marks cannot claim infringement but have to rely upon costly and often unsuccessful common-law passing off.
Any individual or corporate body with a Trade Mark may register. Any Mark
that is already in use or a Mark where there is genuine intention to use,
may be registrable.
Each Mark remains registered for 10 yearly periods, subject to the renewal fees being paid. Each registered mark has an infinite life span as long as it remains validly registered. This makes Trade Marks unique in the field of Intellectual Property, where Design and Patent rights expire. Therefore there has been an increase in the number of distinctive designs being protected as trade marks.
Identical Mark Search
This search does exactly as its name suggests and looks for the identical word. It is also used to check the status of registered, pending and lapsed Marks, or to look for a proprietor, agents name or other details such as the goods listing. It is not recommended that a decision to use or register a Mark is made on this search alone.
Full Search of the Trade Marks Register
Any similar Mark can be cited by the Registrar as grounds for objection to an application. Before lodging a Mark it is advisable to check that any objections are unlikely to be insurmountable. Registering a Mark is of the utmost importance to the owner as it distinguishes the goods and services from those of competitors. It can be extremely costly to develop and use a Mark and then have to withdraw or change its name after a substantial period of use. It also leaves the owners of the Mark open to action for infringement. It is therefore imperative that a Full Trade Mark Search of the Trade Marks Register is carried out before use or registration.
Logo Search
Where there is a device, sign or logo, we comprehensively search the relevant classes for like Marks. Details of potentially conflicting Marks are provided.
Trade Mark Searches also allow an insight into competitors products. It is possible to conduct a Search by owners name.
PROCEDURES & COSTS OF UK REGISTRATION
In general it takes from nine months to two years to register a Trade Mark.
The final registration date is backdated to the date of Application. Costs
vary, but on average are approximately £1000 per Mark in each class. This
reduces for additional classes filed as multiclass applications and
increases where there is objection or opposition.
INTERNATIONAL SEARCHES & REGISTRATION
We provide a full Worldwide Trade Mark Search & Registration Service. Please contact us for prices and periods of registration as these vary from country to country.
If there is difficulty in finding a name or logo, we can assist in the
design or choice of Mark. This is extremely useful in areas where there are
many Marks already registered such as clothing, software or financial
services.
In 1996 Britain ratified the Madrid Protocol and the European Community
Trade Mark came into force. Individuals and companies in the UK can now
file Trade Marks in numerous countries with relative ease. Proprietors of
Marks in any of the ratifying countries are entitled to protection of their
Marks in the UK. They can under the Paris Convention claim convention
priority for a period of six months after filing an application in a Paris
Convention country, including those covered by the Madrid Protocol or
European Community Trade Mark which may entitle them to an earlier right
and filing date.
Searches of the European Community Trade Mark database and the individual
countries of the Madrid Protocol can be conducted. Prices are available on
request.
The following countries are currently covered by the Madrid Protocol:-
It is anticipated that other EU countries will ratify shortly but not the
USA and Japan. These can be added to a registration on ratification of the
Protocol.
In order to file an international application under the Madrid Protocol via
the UK Patent Office, the applicant must hold a UK Trade Mark application
or registration and be a national or domiciled in the UK or alternatively
have a real and effective commercial establishment in the UK.
The Community Trade Mark covers all fifteen countries in the EU:-
Persons entitled to file include nationals of member states, nationals of o the Paris Convention, nationals of other states who have real and effective Industrial/commercial establishments within the Community or have reciprocity agreements.
TRADE MARK NAME MONITORING SERVICE
This service is available for both registered and unregistered Marks. We monitor identical and similar Marks through our database as well as the Trade Marks Journal. An identical search is performed at commencement of
the service and quarterly updates are provided.
CONTACT US
We would be pleased to answer any questions you may have. If you do not see a particular service in which you are interested listed, please contact us directly as it is not possible to detail all that we offer in our Trade Marks department. Similarly we are able to tailor services to individual requirements.
SEARCHING A TRADE MARK
The costs involved in the process of applying for registration are as
follows:
Please note that all search costs relate to searches carried out by our in-house trade mark registration experts. Different prices apply for our new online European Trade Mark search facility.
APPLICATION TO REGISTER A TRADE MARK
Registration Stage £80 per class
Filing Opposition to an advertised Trade Mark
£200
Fees for a Community Trade Mark:
Inclusive filing fees in up to three classes
Each additional class filed at that time
Registration fee
Further work concerned with a Community Trade Mark such as objections, Oppositions, infringements etc., are charged on a pro-rata basis of
Fees for Trade Marks filed under The Madrid Protocol:-
General Fees
All prices exclude VAT.
Exact Mark Search
£50-60 + £2 per detailed finding
Pre-registration Word Search
£120-200 + £2 per detailed finding per class
Combined Class Search:
£120 per class + £2 per detailed finding
(Classes 6,9,16,19,20,25,37,39,42)£155 per class + £2 per detailed finding
Logo Search
£150-200 + £2 per detailed finding
Combined Class Logo Search
£150 per class + £2 per detailed finding
(Classes 6,9,16,19,20,25,37,39,42)£180 per class + £2 per detailed finding
Advice
£120 per hour
All prices exclude VAT.
Government Filing fees
£225 for the first filed class
£50 for each additional class filed at that time
Our filing Fees
£95-120
£200 for the first filed class
£100 for each additional class filed at that time
Examination Stage
Overcoming Objections charged on a pro-rata basis
and advice thereto
Advertisement Stage £80 per class
Filing s Counterstatement
£200
Re-registration - Government fees
£250
- our fees £250
Advice and recommendations regarding Trade Marks for example Oppositions, Infringements etc., are charged on a pro-rata basis of
£95-120 per hour.
All prices exclude VAT.
£1,500
£265
£1,000
£120 per hour.
Basic filing fee
£365
Supplementary fee for each class beyond three classes
£45
Complementary fee (depending on country)
£45
Individual fees are also payable which vary according to country. For further information please refer to our leaflet on The Madrid Protocol.
NB All prices quoted exclude VAT and unless where stated excludes Government Fees.
Copyright © The Raymond Morris Group Limited. 1997.