When you click on the 'GO AHEAD' button an email is sent both to you and to us confirming the information on screen. One of our Trade Mark specialists will then call you within 3 working hours to discuss your application, provide advice if necessary and take your instructions. Our working hours are Mon-Fri 9am to 6.30pm.

In simple terms, a registered Trade Mark is a sign, logo or word which has been registered by a company so that it cannot be used by other companies in relation to certain goods and/or services. In other words, it protects your company against others who may try and profit from your reputation or brand by providing you with the exclusive right to use the word or logo that is the subject of the Trade Mark.

A trade mark enables customers to identify the source of the goods or services bearing the mark to a particular company. Trade marks are also intended to allow customers to associate a certain level of quality with goods and services bearing the trade mark, based on their experience. Trade marks are often simply words, such as KODAK for example, or "device marks" such as slogans, logos, symbols, three-dimensional shapes, sounds and smells.

A registered trade mark is a trade mark which has successfully passed through the formal process of registration and has been entered onto the Trade Marks Register.

The owner of a registered trade mark has the right to sue for trade mark infringement when another party uses the same or a confusingly similar mark in relation to the same or similar goods/services to those covered by the registration. A successful action for trade mark infringement can lead to severe sanctions against the infringer, including, among other things, destroying or delivering to you all the infringing goods and ceasing supplying all infringing goods or services.

It is still possible to have a trade mark which is not registered but it can only be protected using the law of 'passing off'. In general, court actions for passing off are considerably more difficult and expensive to bring than those for infringement of a registered trade mark. In some situations, where a party has deliberately set out to copy a registered trade mark, criminal penalties may be imposed against the perpetrator.

On registration, the details of the trade mark and its owner are entered on the Trade Marks Register. Third parties can search the Register in order to check whether particular marks are available for use. A registration thus alerts third parties to the existence and ownership of trade mark rights. There is no formal record of unregistered marks, making their existence and ownership uncertain.

A typical UK application which proceeds without complications can take 6-9 months before registration is granted.

A typical application which proceeds without complications can take around 12 months before registration is granted. Registration fees will only have to be paid on registration.

No. Registered trade marks are limited territorially. Therefore, for example, a UK registered trade mark only gives rights to the owner in the UK, whereas a Community Trade Mark (CTM) gives the owner rights throughout the European Union (which of course includes the UK). The application procedure for a UK registration differs from a CTM application.

A Community Trade Mark (CTM) will cover countries which are members of the European Union - including new members. These countries are: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden, United Kingdom, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia

Yes.

All goods and services in a trade mark application are categorised in "Classes", 34 for goods and 11 for services. When completing the application form, you will need to decide roughly how many Classes (i.e. 1-3, 4-6, 7-9) your goods and/or services fall into. Ordinarily, it should be relatively easy to decide which Class a particular good or service belongs to. If you are not sure which Class(es) your goods/services go in, choose the Class(es) that you think that they belong in and, if it appears to the lawyers that have been instructed to file your trade mark application that your goods/services are in the incorrect Classes, they will let you know. Please scroll further down the page to see a list of the Classes and to decide which Class(es) you think your goods/services are likely to belong in.

Introduction
Trademarkingonline.com (this website) is a trading name for Judicium Consulting Ltd, Trademark Agents ADP number: 0836328001. This website enables our users to obtain Trade Mark services in England & Wales and other services that we may choose to offer from time to time.

1. Terms of use
When you access this website, or use it to request or purchase any service, there are certain terms and conditions that apply. If you are not in agreement with these terms and conditions, or if you are under 18 years of age, please do not use our website. These conditions do not affect your statutory rights.

1. If you elect to use this website for your Trade Mark services, these are our obligations to you:
1.1 We will allocate one of our internal trade mark specialists or alternatively, if we think it more appropriate, refer you to a specialist law firm. In the later case, the law firm allocated will then be your solicitors and you will be their client and the relationship will be subject to the protection afforded by the rules and procedures of the Law Society of England and Wales. The law firm we allocate to carry out your Trade Mark services:
a. will be registered with the Law Society of England & Wales as being entitled to practise law within the jurisdiction of England & Wales

b. will be specialists in Trade Mark work, we will not allocate your work to a law firm with little/no experience of Trade Mark work

c. will have at least £1 million pounds of Professional Liability Insurance in case something goes wrong

2. Exceptions to fixed legal fees
The legal fees quoted on this website apply only to applications for Trade Mark Registrations which are unopposed and proceed without complication. They not cover the legal work which may be required beyond the usual unopposed registration process such as dealing with objections from the Trade Mark Registry or other third parties. Unless we agree in advance, such work shall be charged out at our usual rates of £185 per hour plus VAT.

3. Fees payable to other parties
The legal fees quoted are the only element of the final price over which we have control. We do not control payments to third parties such as Value Added Tax and registration fees. Consequently we cannot guarantee that such payments will not rise or fall in accordance with government policy. Registration fees for Community Trade Marks (CTM) or US Trade Marks are paid in Euros and Dollars respectively and may also rise or fall as a result of movements in exchange rates between Sterling and the Euro/Dollar.

4. Users situated outside England & Wales
The legal fees quoted include postage and telephone costs within England & Wales. If you are situated outside England & Wales postage and telephone costs will be added to your bill.

5. Law and Jurisdiction
Your use of this site and its contents will be governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England in respect of any legal disputes relating to this Agreement.

Entire Agreement
This Agreement, together with our Privacy Policy, forms the entire agreement between you and Judicium Limited in relation to your use of this website and the services available through it and supersedes any prior representations, inducements or agreements relating to its subject matter.

Other matters
The website TrademarkingOnline.com is and all intellectual property and other rights pertaining to it are owned by Judicium Limited of 25 Watling Street, London, EC4M 9BR

Data Protection
We respect the privacy of our users and will treat all personal information relating to you in accordance with our Privacy Policy. We will ensure that your personal information is stored securely and we will not provide your personal information to any third parties, except to one or more Referral law firms in order to provide the services under this Agreement. By agreeing to this Agreement, you are consenting to the following:

a. We or parties acting on our behalf must store, host, transfer and otherwise process your information in order to refer your request to a law firm. You explicitly consent to us handling your personal information, which you have provided for delivery to one or more law firms. We shall do our best to ensure that the Referral law firms also take adequate security measures in relation to your information.

Definitions
'Trade Mark services' means any work carried out for the purpose of searching for prior or conflicting Marks or registering a Trade Mark

Contacting Us
If you have any queries or complaints relating to this website you may contact TrademarkingOnlice.com through its parent company as follows:

Judicium Ltd
25 Watling Street
London, EC4M 9BR

This will depend on whether you want to apply for UK trade mark or a Community Trade Mark (CTM) and how many Classes you file your trade mark in, i.e. the more Classes the greater the cost. Filing a CTM is more expensive because it offers protection throughout the European Community. The costs of filing either application can be ascertained by completing the form on the front page and clicking the button 'CALCULATE COSTS'.

No. Not all trade marks are capable of being registered and even a successful search cannot guarantee that your Trade Mark will be granted. If your application fails to meet specific requirements, the Registry is likely to object to your application. In addition, third parties may oppose your application, for the following reasons:

(i) The mark must be distinctive and not descriptive or generic of the goods/services for which it is to be registered, e.g. SOAP for soap products.
(ii) The mark must not deceive the public, e.g. ROYAL DELIVERY where the owner has not received royal consent to use of the "royal" element.
(iii) The mark must not be identical or confusingly similar to an earlier trade mark or right.

There is no guarantee that an application for a trade mark will succeed. As we are not aware whether there are any potentially conflicting marks to your mark or other unexpected problems with your application, we cannot guarantee that your application will not be opposed by a third party or objected to by the Registry.

If your application is objected to by the Registry or opposed by a third party, our lawyers will of course keep you fully informed but they will have to charge for work done in addressing these problems on their usual charge-out rates. They will inform you in advance what these are.

Obtaining a trade mark registration is a complex process requiring skill and a knowledge of registered trade mark law and the way that the UK and Community Registries operate.

The first step is to complete the online application form or telephone our helpdesk. Once we have received and confirmed your instructions as correct, you will be asked for a deposit and your instructions will be forwarded to our specialist trade mark lawyers. These lawyers will prepare a specification of the goods and/or services that your application will cover and then send it to you, together with their letter of engagement, for acceptance. If you accept the wording of the specification, they will then prepare and file the trade mark application at the Trade Marks Registry.

If the lawyers require any further information, they will let you know, when they send the specification to you. You will not be charged extra for this service, unless the lawyers believe that your specification will cover more Classes than you had indicated in your application form.

Ordinarily, it will be clear what your trade mark is - your business name, your logo, etc. The main difficulties arise with choosing the "Classes" (see below) and where there is a colour logo. If your mark is in colour, it is often advisable to file the mark as a "series", i.e. in black and white and in colour. This offers greater protection to your mark. If your mark is in colour, therefore, the lawyers instructed to file your application will file it in black and white and in colour, unless you specifically instruct them not to, when they contact you with the specification.

Once granted, a registration lasts for 10 years from the date of filing. The registration can be renewed indefinitely for further periods of ten years on payment of a renewal fee.

You can use the "TM" designation at any time. You cannot use the "®" designation until your trade mark is registered. Use of the "®" designation where you do not have a registration is a criminal offence and may result in a fine.

Classes of good and services are the commercial areas of business to which each Trade Mark offers protection. For instance, if you wanted register the brand name of a musical instrument, this would be registered under class 15. Your company would then be protected against a competitor selling musical instruments with a brand name that was the same or very similar to yours. However, you would not be protected against a hamburger chain naming one of their burgers with the same brand name. In other words, the protection provided by the trade mark only applies to the type of goods or services that you selected upon registration.

There are 45 classes in total, 34 for goods and 11 for services. A full list and description of the classes is provided below. Do not be too concerned about getting your classes absolutely right at this stage as the lawyers that carry out the trademark work will advise you on this.

Classes of goods

Class 1

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Includes: chemicals for the making of products belonging to other classes. Does not include: fungicides, herbicides, insecticides or preparations for destroying vermin which are in Class 5.

Class 2

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Does not Include paint boxes for children which are in Class 16 or insulating paints and varnishes which are in Class 17.

Class 3

Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Includes: deodorants for personal use. Does not include: air deodorising preparations which are in Class 5 or scented candles which are in Class 4.

Class 4

Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. Includes: combustible fuels and scented candles. Does not include: fuel for nuclear reactors or electricity which are both in Class 1.

Class 5

Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Includes: foods and beverages which are adapted for medical purposes. Does not include: supportive bandages which are in Class 10.

Class 6

Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Includes: unwrought and partly wrought common metals as well as simple products made of them; metallic windows and doors and also metallic framed conservatories.

Class 7

Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Includes: parts of engines and motors; some parts for vehicles, (e.g. exhausts for vehicles); vacuum cleaners. Does not include: engines or motors for land vehicles which are in Class 12 or specialist machines (e.g. weighing machines are in Class 9).

Class 8

Hand tools and implements (hand operated); cutlery; side arms; razors. Includes: electric razors and hair cutters; cutlery made of precious metal. Does not include: surgical cutlery which is in Class 10 or hand held and electrically powered tools, (e.g. electric drills are in Class 7).

Class 9

Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers; calculating machines, data processing equipment and computers; fire-extinguishing apparatus. Includes: computer hardware and firmware; computer software (including software downloadable from the Internet); compact discs; digital music (downloadable from the Internet); telecommunications apparatus; computer games equipment adapted for use with TV receivers; mouse mats; mobile phone accessories; contact lenses, spectacles and sunglasses; clothing for protection against accident, irradiation or fire. Does not include: printed computer manuals which are in Class 16, self contained computer games equipment which is in Class 28, various electrical items (e.g. electric screwdrivers are in Class 7 and electric toothbrushes are in Class 21).

Class 10

Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials. Includes: electro-medical or surgical apparatus; massage apparatus. Does not include: contact lenses, spectacles or sunglasses which are in Class 9 or wheelchairs which are in Class 12.

Class 11

Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. Includes: air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights.

Class 12

Vehicles; apparatus for locomotion by land, air or water. Includes: motors and engines for land vehicles and certain other parts and fittings, (e.g. vehicle body parts and transmissions). Does not include: certain parts or fittings for vehicles, (e.g. exhausts and starters are in Class 7, lights and air conditioning units are in Class 11) or children's toy bicycles which are in Class 28.

Class 13

Firearms; ammunition and projectiles, explosives; fireworks. Does not include: apparatus for use in playing paint ball combat games which are in Class 28.

Class 14

Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. Includes: clocks and watches; costume jewellery. Does not include: certain precious metal items, (e.g. cutlery is in Class 8, pens are in Class 16).

Class 15

Musical instruments. Includes: stands and cases adapted for musical instruments.

Class 16

Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. Includes: disposable nappies of paper for babies; printed publications. Does not include: adhesives for industrial purposes which are in Class 1, electronic publications (downloadable) which are in Class 9, providing electronic publications (not downloadable) which are in Class 41 or wallpaper which is in Class 27.

Class 17

Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. Includes: semi-finished plastics materials for use in further manufacture. Does not include: unprocessed plastics in the form of liquids, chips, granules etc which are in Class 1.

Class 18

Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Includes: handbags, rucksacks, purses; clothing for animals. Does not include: leather clothing which is in Class 9 (for protection against injury) or in Class 25 (ordinary apparel); certain specialist leather articles, (e.g. cheque book holders are in Class 16).

Class 19

Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. Includes: non-metallic framed conservatories, doors and windows.

Class 20

Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. Includes: both metallic and non-metallic furniture including garden furniture; pillows and cushions. Does not include: duvets or covers for pillows, cushions or duvets which are in Class 24, furniture adapted for medical use which is in Class 10 or furniture adapted for laboratory use which is in Class 9.

Class 21

Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. Includes: both electric and non-electric toothbrushes. Does not include: electric kitchen appliances, (e.g. electric food processors are in Class 7, electric kettles are in Class 11) or kitchen and table cutlery which is in Class 8.

Class 22

Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. Includes: bags and sacks for transporting bulk materials.

Class 23

Yarns and threads, for textile use.

Class 24

Textiles and textile goods, not included in other classes; bed and table covers. Includes: textile piece goods; textiles for making articles of clothing. Does not include: table linen of paper which is in Class 16 or electric blankets (not for medical use) which are in Class 11.

Class 25

Clothing, footwear, headgear. Does not include: clothing for the prevention of accident and injury which is in Class 9, surgeons' clothing which is in Class 10 or clothing for animals which is in Class 18.

Class 26

Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Includes: dressmakers' articles; badges for wear (other than precious metal badges).

Class 27

Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). Includes: wallpaper. Does not include: mouse mats which are in Class 9, mats specifically shaped/adapted for vehicles which are in Class 12 or travellers' rugs which are in Class 24.

Class 28

Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. Includes: hand-held computer games equipment which is self contained (not adapted for use with TV receivers). Does not include: computer games equipment adapted for use with TV receivers or software for all types of electronic games which are in Class 9.

Class 29

Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Includes: prepared meals and snacks whose main ingredients are proper to this class, (e.g. soups and potato crisps). Does not include: sandwiches which are in Class 30 or foodstuffs for animals which are in Class 31.

Class 30

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. Includes: prepared meals and snacks whose main ingredients are proper to this class, (e.g. pizzas, pies and pasta dishes). Does not include: foodstuffs for animals which are in Class 31.

Class 31

Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt. Includes: all food and beverages for animals.

Class 32

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Includes: shandy, de-alcoholised drinks, non-alcoholic beers and wines. Does not include: tea, coffee or chocolate-based beverages which are in Class 30.

Class 33

Alcoholic beverages (except beers). Includes: wines, spirits and liqueurs; alcopops. Does not include: beers which are in Class 32.

Class 34

Tobacco; smokers' articles; matches. Includes: lighters for smokers.

Classes of Services

Class 35

Advertising; business management; business administration; office functions. Includes: the organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; certain specific services provided by retailers. Does not include: computer programming which is in Class 42 or raising finance for business which is in Class 36.

Class 36

Insurance; financial affairs; monetary affairs; real estate affairs. Includes: building society services; banking (including home banking); stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information. Does not include: accountancy which is in Class 35, lottery services which are in Class 41 or surveying and conveyancing services which are in Class 42.

Class 37

Building construction; repair; installation services. Includes: installation, maintenance and repair of computer hardware; painting and decorating. Does not include: installation, maintenance and repair of computer software which is in Class 42.

Class 38

Telecommunications. Includes: all telecommunications services, (e.g. e-mail services and those provided for the Internet); providing user access to the Internet (service providers); operating of search engines. Does not include: creating, maintaining or hosting web sites which are in Class 42.

Class 39

Transport; packaging and storage of goods; travel arrangement. Includes: distribution of electricity; travel information. Does not include: travel insurance which is in Class 36 or booking holiday accommodation which is in Class 43.

Class 40

Treatment of materials. Includes: the development, duplicating and printing of photographs; generation of electricity.

Class 41

Education; providing of training; entertainment; sporting and cultural activities. Includes: electronic games services provided by means of the Internet; the provision of on-line electronic publications and digital music (not downloadable) from the Internet. Does not include: downloadable on-line electronic publications or digital music which are in Class 9 or educational materials in printed form which are in Class 16.

Class 42

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services. Includes: installation, maintenance and repair of computer software; computer consultancy services; the following Internet related services are also proper to this class: design, drawing and commissioned writing for the compilation of web sites; creating, maintaining and hosting the web sites of others; compilation, creation and maintenance of a register of domain names; leasing of access time to a computer database (the last item reflects the leasing of access time to a computer database on a dedicated line and not access provided by Internet Service Providers to databases in general which is in Class 38). Does not include: providing access to the Internet or portal services which are in Class 38.

Class 43

Services for providing food and drink; temporary accommodation. Includes: restaurant, bar and catering services; provision of holiday accommodation; booking/reservation services for restaurants and holiday accommodation. Does not Include provision of permanent accommodation which is in Class 36 or the arranging of travel by tourist agencies which is in Class 39.

Class 44

Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Includes: dentistry services; medical analysis for the diagnosis and treatment of persons (such as x-ray examinations and taking of blood samples); pharmacy advice; garden design services. Does not include: scientific research for medical purposes (such as research into cures for terminal diseases which is in Class 42), ambulance transportation which is in Class 39, health clubs for physical exercise which are in Class 41 or retirement homes which are in Class 43.

Class 45

Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals. Includes: dating services; funeral services and undertaking services; fire-fighting services; detective agency services. Does not include: beauty care services for human beings or animals which are in Class 44 or educational services which are in Class 41.