• Can I apply to register my trademark through Komodo Law?

  Yes.
  
  Komodo Law’s filing service starts at £199 plus federal filing fees. At Komodo Law, we take care of your application so that you can focus on other important things that matter to you. Get started today in applying for your trademark through Komodo Law.

• How long does it take to process a trademark registration request through Komodo Law?

  After you submit your application, our legal team does the case review and availability search for your trademark application. If we require any additional information from you, we will contact you either by phone or email. The application is usually ready within 1-2 business days after which it is filed. Sometimes, the process can take longer if there are delays getting responses from clients or if there are further clarifications required.
  
  It takes around 6-9 months for the ukipo to issue the registration certificate after the filing date, if there are no legal issues with the application.

• I found a trademark similar to mine. Can I still register it?

  Oftentimes no. However, if the other mark is linked to different products or services, it might be possible because there would be fewer chance of confusion between existing and potential customers.
  
  For example, Domino Sugar and Domino Pizza coexist because they both sell different products to prevent confusion between consumers.

• Do I need to register my business name and logo separately?

  Yes.
  
  The ukipo allows one trademark per application. That means one trademark application can only register either a name, a logo or a slogan. A logo trademark application can include text, but then the design and the text together are considered one trademark. You would have to file two applications if you want them protected individually.

• Can I trademark my business name before I open my business?

  You can start the registration process, but the ukipo will not officially register your trademark until you can show a proof of use of the mark in commerce. Some people get on with their business to see if it’s viable before registering the trademark while others begin the registration process to make sure their business is protected before spending time and money building it.

• What are trademark classes?

  You can think of trademark classes as categories that fall under your application depending on the types of goods and/or services you offer. The ukipo trademark classification system divides all goods and services into 45 trademark classes —34 for goods and 11 for services. Correctly identifying your goods and services is one of the most critical aspects of your application. A failure to correctly list the goods and services with which you use the mark may prevent you from registering your mark. And you will not be given a refund. The selected class(es) must correspond to the list of goods and services mentioned in the application in order to achieve full trademark protection.

Trademark Search

• What's the difference between a basic and a comprehensive search?

  The basic search is where we try to look for exact matches (or direct hits as we like to call them) in the federal database to see if someone else has already registered the same mark. However, in the comprehensive search, we do a thorough examination of all those marks that are exact or similar to your mark including the ones that are not registered.

• Is a search of federal and state trademark databases enough to uncover a possible conflict?

  Not really. Usually, mark owners with no federal or state registration are entitled with common law trademark rights simply by being the first to use the trademark in commerce. The owner of such marks can simply take action against you because they were the first ones to use the mark. However, it’s difficult to look out for common law trademarks. For that reason, we recommend our customers to opt for a comprehensive search that includes searches beyond state or federal registries, such as corporate names and names used on internet and social media platforms. To help you with this, we offer comprehensive search packages like the International and Federal, State & Common Law search.

• How do I know whether my anticipated trademark is available?

  You can find out whether a similar trademark already exists or not by performing a search on the TESS on the ukipos Patent and Trademark Office (ukipo) website. This helps identify the exact matches that may or may not be present in the ukipo database.
  
  However, the exact match search does not give you a result of any similar names that may be present in the database. It does not tell you if someone else already owns a mark in a related category which might prevent your application from being approved. It’s always better to opt for a more comprehensive search before applying for registration.

Trademark Monitoring

• What is trademark monitoring?

  Generally, trademark owners are responsible for enforcing their own trademark rights. In order to enforce your trademark rights, you need to be aware when others are infringing your mark. Trademark Monitoring is a service that alerts you when someone is using a mark similar to yours.

• Why do I need to monitor my trademark?

  The ukipo obviously prevents conflicting marks from being registered. However, in order to enforce your rights at a larger scale, you need to know when others are using trademark similar to yours. Trademark monitoring gives you that information so you can take action against infringers at the right time to prevent others from taking advantage of your brand value and your customers.

• What does the ukipo consider a trademark conflict?

  A conflict occurs between two trademarks when one is confusingly similar to another that is already registered. The major factor that determines the chance of conflict is when both the marks are similar with goods/services that are alike. However, a conflict can arise if a mark can potentially create confusion in the market if it sounds similar to an already registered trademark. In some cases, trademarks that may seem similar can coexist if they are unlikely to cause confusion in the market. For example, two trademarks that may seem similar can both be allowed if they are used for products or services that are unrelated, and are therefore unlikely to cause confusion.

• When and how can one party use another's trademark?

  While the trademark does give you sole ownership of your intellectual property, it is not necessarily true that others can’t use the mark at all. Someone can use the mark independently provided that they limit its usage to the agreed upon terms or use it in a non-infringing purpose as long as no more of the trademark is being used than is necessary for this purpose. It is important to know that trademark laws only control commercial use of the mark.