Complicated Process of Trademark Registration

The report highlights the crucial role of intellectual properties in defending creativity and the challenges of trademark registration in the UK. Despite maximum grounds of refusal, it's essential to consider necessary elements for minimizing rejection. This involves understanding intellectual property laws, trade-related rights, and business analysis.

Intellectual Property
Law

INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Intellectual property consist of various intangible creations such as; patents, copyrights,
trademarks, moral rights and several other elements which makes the company product distinct
from other competitors. However, legal systems are not similar in every nation but motive is
somehow same that is; protection or defending from wrongful activities. Thus, intellectual
property is generally described as “fruit of human intellect” and stands for “human mind; where
intellect plays a major role which nobody can deny” 1. Basically, this assignment is fully
surrounded around the registration process which is followed by nation while trademarks.
Mainly, basic registration procedure for applying “Tablex Inc” in UK trademarks for their tablet
computers will outlined in the project.
MAIN BODY
Intellectual property is an authority which helps an organization, individual or any person
in protecting their designs, creativity or product. Basically, legal bodies have implemented
numerous of laws and rights for protecting the person creativity from getting misused. For
example; an individual have an authority to claim against the person who is using the intellectual
property of any organization or inventor of that property without permission or legal
authorization.
According to the given scenario, Tablet computers is going to register by “Tablex Inc” as
their UK trade marks in order to run their business in European marketplace. But, before
applying for registration, it is essential to know about likely consequences which might face by a
person during trade mark registration. In fact, this entire process needs to be followed in proper
manner with the help of genuine documents in order to minimize the negative outcomes.
However, registration of trademarks is really beneficial for organization because it helps them in
various manners. For instance; protect their product name, logo, image and services from getting
misused by some other company 2. Therefore, an appropriate process of registering trademark
1
. Paul, M., 2014. Intellectual Property Laws. Allahabad Law Agency.
2
. Dutfield, G., 2017. Intellectual property rights and the life science industries: a
twentieth century history. Routledge.
3

needs to follow by Tablet computers for reducing negative consequences because legal
formalities are very long and goes through various phases.
Registering a trademark is most appropriate technique which can be used by associations
for defending their name, brand and work from frauds. Lots of people have struggled with the
procedure of intellectual property which has started from online official website of UK
registration but ending up by contacting with lawyer for simpler applications. Hence, it has been
understood that registration process is very much complicated because it provides number of
rights and authority to the person or an organization3. By registering marks, law presumes the
mark of an organization that no one can use that identical mark without taking consent. If the
representative of an organization is get succeeded in registering trade mark then they have legal
rights such as; right to take legitimate action against the person whomsoever uses the brand name
without permission, use the symbol next to brand in order identify that its company and warn
other individuals from using it and right to sale and licence of organizational brand. Hence, an
appropriate procedure of registering trademark is discussed as follows-
Searching of trademark (name, logo, brand)- Initially, an organization or individual
needs to identify or search the name, logo, any symbol, sign or any unique things for showing
that as a trademark. In fact, nobody is having also, means identify that any other member is using
that or not. Along with this, an organization can also use same name or trademark in two
different sector but in registration in same class or area is not allowed. For example; an
association have registered sky as a trademark of TV company in UK, but at the same time there
is also a window installation association named as Sky in Wales who registered this name as a
trademarked in different class. It means, Table computers needs to asses before registering that
nobody is using “Tablex Inc” for laptop selling for further procedure in order to minimize the
possibilities of rejection 4.
After analysing this, now company needs to follow some of the necessary steps for
registering trademark through online procedure.
3 Awokuse, T.O. and Yin, H., 2010. Does stronger intellectual property rights protection induce
more bilateral trade? Evidence from China’s imports. World Development, 38(8), pp.1094-1104.
4 Fromer, J.C., 2012. Expressive incentives in intellectual property. Virginia Law Review,
pp.1745-1824.
4

 Begins with trademark application- Initially, representative of an association requisite
to search the website for continuing the procedure of applying. Thus, start button which is
in green colour i.e. needs to be click on IPO/GOV site for further procedural. Select/identify who is registering- In second stage, representative need to decide that
who are you which means; that it’s you who is registering the trademark for defending
own creativity or acting on the behalf of an association who is authorized for doing so.
Thus, if you are not a lawyer than leave the recent option and click on next button which
is on right hand corner.
 Fill in or retrieve the details- Now, on the next page, it’s time to fill detailed information
about a person or company on which behalf registering is going to take place. Retrieve
the previous details by the use of e-mail address and ensure that the given address is
postal so that necessary information or data can reach through post. Now click next.
 Enter the basic format of trademark- In this phase, various questions are asked related
with trademark such as; registered is having words , letters or numbers. Therefore, on this
basis select YES/NO option. If representatives choose yes than its time to fill brand name
such as; Tablet computer will mention “Tablex Inc” and make sure that it’s absolutely
correct.
 Enter a more advanced format of trademark & upload an image- Now, it’s time to
define the category of organizational trademark.
1. Statement A- It must have words, letters or numbers.
2. Statement B- Having words, letters and numbers but in a graphic style, colour or
with an attractive image.
3. Statement C- Its totally unique kind of trademark such as; sound (musical score).
 Select a single or series trademark- A single trademark is just for single
design/phrase/word which generally gives appropriate amount of prevention if anyone is
going to copy even by slight changes. But if an organization or their representative
wanted more than this such as; trademark will have series of variations such as mobile
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logos then it will cost additional charges which is around £50 per added variations5.
However, it’s unnecessary but still worth it if really wants a bulletproof.
 Select class and term- Now, it’s time for selecting industry such as; Tablet computer is
from telecom industry and wanted to registered “Tablex Inc” as trademark then they will
select telecom sector.
 Supplying a disclaimer- It means that an organization have the authority to claim
regards to trademark but as per the websites its totally irrelevant for almost 99.9% of
applicants because broad protection afforded is really appropriate. But still if company is
not sure about this then please consult a lawyer but if satisfied than no need to any thing
just select no option and click next for further procedure.
 Decide for a priority or normal claim filing- This phase will asked; are organization
wanted to file a priority claim. This can do if representative is going to applied this
trademark outside from UK in last six months. Almost 99% members says no but if yes
then it is essential to provide proof of this filing for getting priority.
 Selection of type trademark (trademark, collective mark or certification) – It’s time
for selecting type of trademark. Although, number of people select default option for this.
Basically, collective mark is for particular trading company whereas certification
guarantees the products or a service bearing that by this mark company is proving the
product is meeting the quality or standard which is set out.
 Selection of examination type for trademark- There is two type of examination kinds;
one is Right start in which 20 days takes for analysis and cost is around £200 in total but
company have to pay only £100 upfront. On the other hand, if the application is rejected
while examining process, reason is whatever then required to pay £100. Secondly,
standard which takes almost 20 days or beyond that for assessment which expense almost
£170 which is non-refundable and payable upfront.
 Reviewing and submit trademark application- Final selection will show that all the
details have entered into application. Thus, need to review, amend and click next for
submitting.
5
? Maskus, K.E. and Penubarti, M., 2012. Trade-related intellectual property rights. The
Oxford Handbook on The World Trade Organization, p.394.
6

After clicking next, an organization will go through payment page and then confirmation
page will show. Thus, please ensure that company must have the screenshot of application
number. Along with this, an organization can receive further e-mail soon on their linked mail id.
After completing the application process, instantly an association can get their feedback on their
application within 20 days and get 2 months for resolving if there are any problems. Hence, if the
examiner have no objections then, applied application of an association is going to published in
the journals of trademarks for almost 2months, during that period, anyone can oppose it.
Basically, in UK, trademark remains or last for almost 10 years after that, an association have the
authority to renew it by paying renewal fees in a given time frame 6.
Throughout the application of trademark in UK, it has been understood that Tablet
Computer have encountered various consequences while registering their slogan that is “Take a
note” as well as during depicting a strawberry logo which is somehow same to a famous laptop
brand of rivalry. Therefore, some of the outcomes which is faced by Table computer during
registering of trademark is discussed further-
i)
Mark which is a “Take a Note” is a part of popularize slogan but might get rejected by
legitimate bodies because this word is not looking that much appropriate. But on the same time,
chances of acceptance are also there because laptops are used for notes and in fact having distinct
qualities that differentiate them from desktop. Therefore, as per these reason, this slogan will
definitely accepted. But there are some other refusal grounds that make the product refused by
examiner during assessing that is little bit same as other product and doesn’t look that much
unique. Additionally, in the 2months of trademark journals, there is numerous chances of
opposition due to similar sound as compared to other rivalries7.
6
? Nielsen, T.D., Cruickshank, C., Foged, S., Thorsen, J. and Krebs, F.C., 2010. Business,
market and intellectual property analysis of polymer solar cells. Solar Energy Materials
and Solar Cells, 94(10), pp.1553-1571.
7
? Fromer, J.C., 2010. A psychology of intellectual property. Nw. UL Rev., 104, p.1441.
7

ii)
Turkish march is an Italian march which was written by classical composer in Turkish
language which consists of specific rhyme styles, bass drums and triangles. Basically, it’s a
classical musical tone which is used by company for their first few notes which might reject by
legal bodies because this was developed by Turkish composer. In fact, this is already used and
very famous style in Turkish. Hence, this factor is considered as refusal grounds while using this
sound in laptop. On the other hand, there are also acceptable grounds such as sounds of drums
are really good for laptops music and their first few notes.
iii)
A logo shows the strawberry which is similar to another laptop brand which is a already a
very famous brand is major drawback and factor of refusal by examiner while assessing within
20 days. Along with this, if somehow get accepted in examination process than there is surety of
rejection or opposition in trademark journals.
CONCLUSION
From the entire report, it has been summarized that intellectual properties are playing
very crucial role in defending creativity of any organization or individual. But at the same time,
this is also understood that registration process of trademark is really complicated process and
hard to complete entire phases. In fact, there are maximum grounds of refusal whereas minimum
grounds of acceptance. Hence, before applying for trademark in UK legal bodies, it is essential to
consider all the necessary elements for minimizing the probabilities rejection.
8

REFERENCES
Books and Journals
Paul, M., 2014. Intellectual Property Laws. Allahabad Law Agency.
Dutfield, G., 2017. Intellectual property rights and the life science industries: a twentieth
century history. Routledge.
Fromer, J. C., 2012. Expressive incentives in intellectual property. Virginia Law Review,
pp.1745-1824.
Awokuse, T. O. and Yin, H., 2010. Does stronger intellectual property rights protection induce
more bilateral trade? Evidence from China’s imports. World Development, 38(8),
pp.1094-1104.
Maskus, K. E. and Penubarti, M., 2012. Trade-related intellectual property rights. The Oxford
Handbook on The World Trade Organization, p.394.
Nielsen, T. D and et. Al., 2010. Business, market and intellectual property analysis of polymer
solar cells. Solar Energy Materials and Solar Cells, 94(10), pp.1553-1571.
Fromer, J.C., 2010. A psychology of intellectual property. Nw. UL Rev., 104, p.1441.
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