Excellent Resource on UKIPO, TM law.
What is a trade mark?In the UK, the trademark regime is predominantly governed by the Trade Marks Act 1994, and is largely harmonised the EU trade mark law. Section 1 of this Act defines a trade mark as:
"any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings."
A trade mark must be:
1. A sign
2. Capable of being graphically represented -
3. Capable of distinguishing goods or services of one undertaking from those of other undertakings
Three options when it comes to applying to register a trade mark:
- Firstly, you can register a trade mark by applying to the United Kingdom Intellectual Property Office (abbreviated to the UKIPO).
- The second option is to file an application with the EU Intellectual Property Office (abbreviated to the EUIPO).
- An application can be made using the Madrid Protocol.
For more insight visit: https://www.lexology.com/library/detail.aspx?g=5ee963fb-60ee-416a-a8aa-074bcb50c9bc
