If you have thought up an original range name it automatically belongs to you by common law. However, stopping others using it may be difficult, unless it is registered as a Trademark. Trademarks must be non-descriptive and non-distinctive i.e. you cannot register 'Greeting Card' or 'Pretty Greeting Card'.
The system is very simple. Before applying to register a Trademark, one must first check that it isn't registered already. The Trademark Registry search facilites have now been transferred to the British Library. Existing Trademarks and applications can searched for on the Patents Office website at www.patent.gov.uk. However this search is less powerful than if it is carried out in person at the British Library or if you pay them to do the search for you. For greeting cards searches need to be done under category 16: Paper Products. Conclusive searches do need to be carried out at its offices.
Business & IP Centre
The British Library
96 Euston Road
London
NW1 2DB
Tel: 020 7412 7454
Email: BIPC@bl.uk
Opening hours are:
Mon: 10:00-20:00
Tue-Thu: 09:30-20:00
Fri-Sat: 09:30-17:00
Access to the British Library's business, patents and trademarks databases can made via
www.bl.uk/collection/cd-busin.html
To use the British Library's services, you need to hold a Reader Pass to the library. If you do not have one, it is easy to obtain - just bring proof of your signature (such as a credit card) and proof of your home address (such as a driving licence, bank statement, or utility bill) the first time you go and they will be able to give you a pass immediately.
Note that the Reader Registration department that issues the Reader Passes closes at 18:00 on Monday, Wednesday and Thursday, before the reading rooms close.
There is no charge for this service. The Patent Office do still operate their paid Search and Advisory Service by post or telephone.
Having ascertained to your satisfaction that your proposed trademark may be acceptable, the next stage is to complete form TM3 and to send it to the Trademarks Registry in Wales where all applications are processed. A single Class application (eg Class 16) costs £200 currently. Further classes can be added, at the same time or later at £50 each.
The application then proceeds through a series of examinations to see whether the Registry will accept it. They may correspond with you if they have any queries. Finally, if it passes all these hurdles they will advertise the Mark for 3 months in the Trademarks Journal. This is called the 'Opposition Period'. If no one presents valid objections to it within this period, the Trademark is finally passed and belongs to you. You need to renew your rights every 10 years.
Please note - this is the procedure for a UK Trademark only. Registering across the European Union is a complicated process and would require a trademark agent.
Trademarks Registry
The Patent Office
13-15 Bouverie Street
London
All telephone enquiries should be made to the Cardiff office:
Tel: 01633 814000
The Institute of Trademark Agents
4th Floor
Canterbury House
2-6 Sydenham Road
CroydonCR0 9XD
Tel: 020 8686 2052
Fax: 020 8680 5723
