This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more hereX

Home > Discussion Forum

Discussion Forum

~kayz~ ~kayz~ is offline
Newbie
Join Date: Oct 2005
Posts: 6
words in trademarks

Just some quick-ish questions about trademarking.

Lets just say you wanted to trademark your business name/logo and it was blah de blah streetwear and your logo also had that full name in it.

When they ask you what name you want to trade mark can you say the whole thing, eg. Blah de blah streetwear or are you not allowed to trademark words like streetwear?

If you gave them a pic of the logo you wanted trademarking and that also had that word in it would that be ok or would it need to be changed?
Reply With Quote
Eagle's Avatar Eagle Eagle is offline
Connector
Join Date: Jul 2004
Location: UK
Posts: 1,632
Have a chat with Phil at www.crossguard.info

or look up http://www.patent.gov.uk/tm/index.htm and http://www.patent.gov.uk/tm/howtoapply/faq.htm

It's expensive though. Application to register a trade mark, covering one class of goods or service? £200 + £50 for each class. And that's just the application - it gives no guarantee of acceptance.

Mark
__________________
Logo DesignVector Conversion - Eagle Imagery®
UK Business Labs - Creating chemistry between business people™
Reply With Quote
richard.h's Avatar richard.h richard.h is offline
Connector
Join Date: Oct 2004
Posts: 236
My company name is "Mobsol" and our logo is based on the word.

When i called up the help line i was told if i wanted to trademark the logo it would be one application, and another for just "the word" (even though the logo *is* the word).
Reply With Quote
~kayz~ ~kayz~ is offline
Newbie
Join Date: Oct 2005
Posts: 6
Quote:
Originally posted by richard.h
My company name is "Mobsol" and our logo is based on the word.

When i called up the help line i was told if i wanted to trademark the logo it would be one application, and another for just "the word" (even though the logo *is* the word).
So, if you trademarked just the word then surely you wouldn't need to trademark the logo if the word was in it?Cos if people stole your logo they'd be stealing the word which is trademarked.

Wow I've confused myself.

So did you trademark both word and logo or did you just stick with the word bit in the end?
Reply With Quote
Martin Martin is offline
Connector
Join Date: Jul 2002
Location: Luton, Bedfordshire
Posts: 2,726
Quote:
Originally posted by ~kayz~
So, if you trademarked just the word then surely you wouldn't need to trademark the logo if the word was in it?Cos if people stole your logo they'd be stealing the word which is trademarked.

Wow I've confused myself.

So did you trademark both word and logo or did you just stick with the word bit in the end?
Thats not how it works,

When you make an application for a trademark, you set a class (or classes) of industry that the TradeMark will be protected in.

Each extra class costs £50

So, because of this there can be two logo's with the same name, but the logo design will be different and as such they will be different trademarks from the name itself.

regards,

Martin
Reply With Quote
Eagle's Avatar Eagle Eagle is offline
Connector
Join Date: Jul 2004
Location: UK
Posts: 1,632
I think their point is that the word Mobsol is an 'entity' in itself as it could also be written in plain text in an article or on a web page. Therefore, it needs protecting both as a logo and as plain text.

Mobsol™
Google™
Java™
LiveWIRE™ etc

__________________
Logo DesignVector Conversion - Eagle Imagery®
UK Business Labs - Creating chemistry between business people™
Reply With Quote
~kayz~ ~kayz~ is offline
Newbie
Join Date: Oct 2005
Posts: 6
I know I'm going on and on about this....sorry

Right so, I have a logo with my business name on it and I wanna protect the name in written form aswell.

I think I'll only be in class 25 for clothing, headgear etc but I just dunno which to trademark first, the word or logo in that class.

Money is such that I can't do both at the same time (If that's even possible) as I'm ploughing all my money into my product.

What would you all do? which do you think is more important?
Reply With Quote
Clementine Clementine is offline
Connector
Join Date: Nov 2003
Location: Twickenham
Posts: 319
If you trademark the word only in a specific class you must ensure you register this word in plain text and not a stylised font. Then it will be protected in any font at all. If anyone uses that word in your specific area of use (or class) then you have rights to challenge them legally.

If you register the logo then it will only be protected as a graphic image that looks like the one you have registered but people could still use the word. Remember to register the logo in black and white and indicate that the colour is not a specific detail of the mark and then the logo will be protected when used in any colour.

This is all from my personal experience but I am not a professional trademark attorney so I would recommend you seek professional advice.

If it's just my advice you want then I would recommend trademarking the word first and the logo second, although both is (obviously) the ideal scenario. If you haven't done it yet I would also get the Search and Advisory service to do a check. It might be seen as ectra money spent but could easily be more money saved if there are other marks in existence that would challenge yours.

Clem.
Reply With Quote
Eagle's Avatar Eagle Eagle is offline
Connector
Join Date: Jul 2004
Location: UK
Posts: 1,632
^ Absolutely. Copyright can cover the logo design itself in the interim (if not indefinitely).
__________________
Logo DesignVector Conversion - Eagle Imagery®
UK Business Labs - Creating chemistry between business people™
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


All times are GMT +1. The time now is 01:26 PM.


Powered by vBulletin® Version 3.8.1
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd. Copyright Shell LiveWIRE 2005-2009