Trademarks
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'.
Full information about all aspects of applying for Trademarks and Patents can be found on the Intellectual Property Office (IPO) website.
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 . Existing Trademarks and applications can searched for on the IPO website at http://www.ipo.gov.uk/types/tm. For greeting cards searches need to be done under category 16: Paper Products.
Having ascertained to your satisfaction that your proposed trademark may be acceptable, the next stage is to either complete online form e-TM3 or to download a form, complete it and 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.
The IPO is based in Cardiff
Tel: 0300 300 2000
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom
The Institute of Trademark Agents
4th Floor
Canterbury House
2-6 Sydenham Road
CroydonCR0 9XD
Tel: 020 8686 2052
Fax: 020 8680 5723
