Trademark Design Protection

Using the ® Symbol in Countries Where it is Unregistered

2011-02-01T03:56:00.000-08:00

In the UK, the Trade Marks Act 1994 makes it an offence to falsely represent a trademark as registered.

95 - Falsely representing trade mark as registered

(1) It is an offence for a person—

(a) falsely to represent that a mark is a registered trade mark, or

(b) to make a false representation as to the goods or services for which a trade mark is registered knowing or having reason to believe that the representation is false.

The ® symbol is used widely as a warning sign to others that the trademark is registered. There is generally no legal requirement for proprietors to use these symbols to indicate the mark is registered. Despite this, criminal liability does exist for anyone who uses any word or symbol to suggest a mark is registered and it is not.

As a result of the ever increasing globalisation of the market two problems may arise. Firstly, how does the United Kingdom treat those goods with ® marks which relate to overseas registration, but not a UK one? Secondly, how would a UK product with an ® symbol relating to a UK registration avoid trouble in an international market, in particular in the European Community?

In terms of the first scenario, section 95(2) (b) of the Act does lay out some guidance in which proprietors may follow.

(2)For the purposes of this section, the use in the United Kingdom in relation to a trade mark—

(b) of any other word or symbol importing a reference (express or implied) to registration,

shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the trade mark is in fact so registered for the goods or services in question.

In practice, if an international product was sold within the UK bearing an ® symbol for the international registration but did not have a UK registration, it would be in breach of s.95. However, if there is some indication that the ® actually refers to its international registration part (2)(b) allows for this. Such indication may include, for example, “trademark registered in France under registration number...” within the product's accompanying literature.

The rules become more complicated when UK entities wish to export goods with only UK registration overseas. In order to be sure, the proprietor would need to consult the registration laws in each territory they wish to trade in. For the purpose of this article, the EU will be the main focus.

Historically, in the EU trademarks were thought to impede the free movement of goods, freedom to provide services and distort competition within the Common Market. The EC Trade Mark Directive tried to harmonise the general conditions for obtaining and continuing to hold a registered trademark. However, member states have the discretion to decide whether or not to adopt certain rules of the Directive e.g. which of the optional grounds for refusing a registration or declaring a mark invalid. The use of the ® symbol in the European Union is not explicitly regulated by trademark legislation i.e. there is no s.95 equivalent. Despite this, it is worth noting other EC incentives that may be affected by the use of the symbol.

In general, Directive 85/450/EEC (Sept 1984) and Directive 2006/114EC (Dec 2006) deal with misleading advertising. Arguably, the incorrect use of ® could constitute as misleading advertising. The intellectual property rights associated with an advertisement needs to exist in every country the advertisement is made in order for it not to be considered misleading. Misleading advertising can also amount to unfair competition.

If a product with an unwarranted use of ® amounted to unfair competition, it could result in the imposition of restrictions on those goods. This could potentially conflict with the EU concept of Free Movement of Goods – guaranteed by Art 28 of the EC Treaty. So, a situation might arise where products are distributed to various member states but trademark protection only exists in certain member states were the products are sold.

The German Supreme Court referred this point to the European Court of Justice in Pall Corp. v P.J. Dahlhausen & Co. 1990 (C-238/89) . The ECJ held that in this context the free movement of goods will prevail. The Court took the view that national provisions could have the equivalent effect to a quantitative restriction. Since this judgement trademark owners do not need to worry about injunctive relief if they engage in inter-Community trade but do not have trademark protection in every member state.

Nevertheless, problems may still arise where there is no inter Community trade e.g. where goods are imported into a member state from outside the EU – this would mean that rules on the free movement of goods in the EC Treaty would not apply. Here, lack of trademark protection for the respective member state may still be unfair competition under national rules, in addition to a probable infringement of that member state’s trademark laws.

In conclusion, inter EU trade seems more flexible when using the ® logo provided it is protected in at least some member states. However, this is not the same for goods sold only domestically in one country or imported from outside the EU into an EU member state. As an extra precaution, proprietors would be wise to follow the UK model and include a reference in accompanying product literature which clearly indicates the country to which the ® symbol relates.

By Nicola Mallon

Trademark infringement and the internet

2010-12-20T03:31:00.000-08:00

One of the biggest challenges to the territorial nature of trademark protection is the use of trademarks on the internet. What is the situation, for instance, if a French website uses a trademark registered in the UK to promote the same goods or services? If the website is accessible to users in the UK, does use of the trademark constitute infringement?

“omnipresent cyberspace”
An indication of how this situation might be dealt with in the UK, can be gleaned from the court’s approach in 1-800 Flowers Inc v Phonenames Ltd [2000] ETMR 369. The case concerned opposition proceedings in a trademark application to register the alphanumeric mark ‘800-FLOWERS’. The court was asked to consider whether use of the proposed mark on a website proved that the mark was intended for use in the UK. The Applicant argued that since his website could be accessed by users in the UK, this showed a clear intention to use the mark in that territory.

Justice Jacob roundly rejected this idea, arguing that the mere fact that a website can be accessed anywhere in the world, does not mean that it should be regarded as being used everywhere in the world. Instead, the website owner’s intentions should be assessed based on the site content and the impression a user would be likely to gain when entering the site. Taking the alternative view would lead to the untenable situation whereby any use of a trademark on any website, wherever the owner of the site is located, could amount to a trademark infringement anywhere in the world, since a website exists in an “omnipresent cyberspace”. His Lordship concluded:

...[f]or trade mark laws to intrude where a website owner is not intending to address the world but only a local clientele and where anyone seeing the site would so understand him, would be absurd.

Intention of the website owner
Returning to our initial example, Justice Jacob’s reasoning suggests that a French website using a UK trademark in the course of business, will not constitute an infringement if the site’s activities are not directed towards the UK. The website owner might, for example, point to the fact that the content is written mainly in French, or that the prices are only listed in Euro, as evidence that his website is not targeting UK consumers. What would be the case, however, if his website used a ‘co.uk’ domain name? Could this alter the impression given by the content? The recent judgment by the European Court of Justice in the joint cases of Peter Pammer v Reederei Karl Shlüter GmbH (C-585/08) and Hotel Alpenhof GesmbH v Oliver Heller (C-144/09) suggests that this could be the case. In this instance, the Court held that where a website uses a top-level domain name other than that of the member state in which the trader is established, this would amount to strong evidence that the website’s activities were targeting nationals of other member states.

Local trading
These rulings indicate that there are a number of steps an online trader could take to protect their unregistered trademarks from the risk of litigation. Using a local domain name, for instance, rather than opting for territorially-neutral domain names such as ‘.com’ or ‘.eu’, could be a vital way to indicating a website’s intended recipients. Doing so could also have implications for a trader using an unregistered trademark, who wished to rely on the localised nature of his business as a defence to allegations of trademark infringement where he can demonstrate prior use of his mark. Section 11(3) of the Trade Marks Act 1994 provides that a registered trademark will not be infringed by an unregistered mark used in the course of trade, if the mark has an earlier right and applies within a particular locality. The purpose of the provision is to protect local businesses that may have accumulated good will in a brand used within a restricted geographical area. The courts’ sensible approach to trading on the internet means that local businesses can still find a degree of protection if they can demonstrate, through the architecture of their website, that their intention was to target a localised or regional market.

By Katey Dixon

Design Registration Explained

2010-10-21T02:52:00.000-07:00

What is a design right?
A design right is a right of ownership in the appearance of the whole, or a part of a product (internal or external). Whereas a patent protects the way a product functions or how it is manufactured, a design right protects those elements that make a product (or a part of a product) look unique. The owner of a design right has the exclusive right to reproduce the design for commercial purposes.

Do I have to register my design to get protection?
No. A design right is created automatically once the design has been recorded in a design document, or an article has been made to the design. In the UK, an unregistered design right gives the owner an exclusive right to use the design for 5 years after it is first marketed. After this period third parties must be allowed to apply for a licence to use the design, for which the owner may receive royalties. An unregistered Community design right lasts for 3 years from the time it is first disclosed to the public.

What can be registered as a design?
Those features that make an object or a part of an object look original may be registered as a design. The lines, shape, contours, colours, and/or texture and material of an object may therefore form part of a design. Two-dimensional elements, such as ornamentation, graphic symbols and typefaces may also be registered as a design. Computer programs are expressly excluded. For a design to be registrable it must be original (i.e. an identical design must not already be available to the public), and must possess an individual character which distinguishes it from other designs on the market.

Why should I register my design?
• An unregistered design right only protects against the act of copying. If a design can be shown to have been created independently, the owner’s right is not infringed. However, a registered design gives the owner monopoly protection. This means that even if a competitor innocently uses the same or a similar design right to that which you have already registered, this constitutes infringement.
• It is only by registering a design that surface ornamentation of a product can be protected. An unregistered design right will not attach to any two-dimensional elements.
• A registered design right can offer a maximum of 25 years protection, whereas an unregistered right in the UK only offers 5 year exclusive use. An unregistered design right cannot be renewed. The certainty of a registered right may help you secure financial backing, and thereby encourage future exploitation of the design.

Why should I protect my design?
The design of your product may be just as important as the branding of your company. Consider, for instance Apple’s iPod design. Without its futuristic shape and colouring, it would be difficult to distinguish from any other mp3 player. In order to fully protect your investment in your product, you need to prevent competitors from using your design.

For how long does a design right last?
In the UK, a registered design right lasts for 5 years, but may be extended to a maximum of 25 years from the date of filing the application. An unregistered right lasts for a maximum of 15 years from the end of the calendar year when the design was first recorded, or 10 years from when the design was first made available to the public. However, after the first 5 years, third parties must be allowed to license the use of the design in exchange for royalties. In the EU, an unregistered design right lasts for a maximum of 3 years.

What designs cannot be protected through registration?
• a design which appears the way it is for technical reasons, in order to make the product function
• a design which offends public morality or accepted principles
• a design which incorporates a foreign flag or protected symbol may not be used without permission from the country concerned
• A design which includes elements which conflict with earlier copyright protected works

How long does it take to register a design?
If there are no complications, a UK design registration can be completed within 2-3 months. A Community design may take up to 4 months to register.

Should I register my design if I want to keep it a secret?
A Design right must be registered within 12 months of first being made available to the public, otherwise it will not be considered to be novel. This allows a one year grace period in which to test the product on the market before deciding to invest in a design. Once your design has been registered, details of the design will be publicly accessible at the Intellectual Property Office and may be viewed on its website. However, if you want to keep your design a secret, it is possible to postpone publication for up to 12 months from the application date. This is known as deferment. For Community registrations, secret designs can remain unpublished for 30 months.

Does my design right give me protection abroad?
An unregistered design right gives you protection in the UK for 10 years and in the EU for 3 years. A design can be registered in the UK through the UKIPO, in which case protection extends only to the borders of that territory. If you register a design through the OHIM, your design will be protected in the 27 member states of the EU.

Can I register more than one design in an application?
Yes. In the UK it is possible to register a number of new designs in a single application. While the addition of each design will increase the cost, this will be cheaper than filing separate applications. It is also possible to register multiple designs in the EU, so long as the designs are intended to be applied to products within the same class of the Locarno Convention.

Can my design be protected by copyright?
Yes, it is possible that elements of your design (or the whole design) may be protected under copyright. For example, the form and decoration of an article may be protected as artistic works. Copyright protection could also attach to the preliminary sketches upon which a design is based.

What can I do with my design right?
A design right is a property right which can be sold, mortgaged or licensed. For the avoidance of future disputes, it is advisable to register any such transactions with the UK Design Registry. We can provide advice and assistance on all matters relating to IP sales, acquisition or licensing.

Why register your trademark?

2010-10-20T08:25:00.000-07:00

Defending your castle

American investor, Warren Buffett famously spoke of successful businesses as, “economic castles with unbreachable moats”. While the castle refers to the product or service being offered, the moat signifies a business’s ability to create a sustainable commercial advantage in a competitive market. Securing your intellectual property is key to defending your product from rival businesses. In a rapidly expanding global market, propelled by the internet, awash with counterfeit products, a company’s trademark is its primary fortification.

A trademark is a logo, image or symbol (or more unusually, a shape, colour or sound) that distinguishes your goods or services from those of your competitors. It not only defines the origin of the goods, denoting quality and accountability, but it creates an image, attracting consumers through its presentation, marketing and advertising. A company is not required to register its trademark, however it is through registration that maximum protection can be effected.

(i) Extending your protection
It is a common misconception that registering your company or domain name prevents others from using that name as a trademark. The only way to guarantee legal exclusivity is to register your trademark. Although it is possible to take action at common-law to prevent a competitor from passing off your unregistered mark as their own, this can be a costly and difficult process. Not only must you prove that good will - in the shape of a strong reputation - is attached to your mark, but you must also show that the misrepresentation is likely to deceive the public.

By registering a trademark the presumption of valid ownership is raised, and all that must be proved is that an identical mark was used without consent for the same goods or services. The unlicensed use of similar marks for similar goods or services will also constitute infringement where it can be shown that there exists a likelihood of confusion on the part of the public. Further protection is afforded where a good reputation can be said to have attached to the RTM (registered trademark). In this case an infringement occurs when a trader takes unfair advantage of the mark, or uses it in a way that is detrimental to its distinctive character.

(ii) Securing your stronghold
Registering your trademark will also minimise the risk of being sued for trademark infringement by a competitor. Under trademark law, registration is a defence to an action for infringement. In the absence of any innocent use defence, using a trademark that has been registered by another business could lead to expensive litigation, forcing you to rebrand your goods or services, thereby losing any associated goodwill amassed to date. RTMs are identifiable by the ® symbol. Since it is an offence to use this symbol for unregistered marks, its presence is likely to act as a strong deterrent for would-be infringers. Moreover having registered your trademark, you will receive notification from the registering office, of applications for similar or identical marks targeting similar market areas. This allows you the opportunity to oppose those applications that, if successful, would threaten the exclusivity of your mark.

(iii) Financial incentives
There are also significant financial incentives to register your trademark. An RTM is a quantifiable asset with a monetary value. It is treated at law as a form of property, and can therefore be bought, sold or licensed for exploitation. By demanding royalties for usage of the RTM under a license, it can serve as a revenue base for the registered owner. RTMs can also be used as a security interest in financial agreements.

Looking at the bigger picture, a business with an RTM, shielded from the risks of lengthy infringement disputes, and confident of the ownership and parameters of its intellectual property, is a business fortified against competitors, and therefore attractive to potential investors and buyers. Registering your trademark is therefore not only a way to safeguard your immediate concerns, but is also a means of protecting your future interests, should you wish to exploit your success through licence agreements, or sell your assets for the value they are truly worth.

Contact us for a trademark registration quote.

Advice on Trademark Ownership

2010-07-28T02:55:00.000-07:00

Are you starting up a new company with some colleagues? Has your partner presented a trademark idea for your business? Have you considered the implications assigning trademark ownership might have on your company?

Unlike copyright or patent law, under the Trade Marks Act 1994, a registered trademark does not have a proprietor until an application to register it has been made. The owner will be the person named in the application. An individual, a company or a partnership may be registered as the owner. Ownership can be transferred (assigned) at any time in the application process or after registration. In the UK, a fee of £50 will be incurred for transferral of a registered trademark.

Company / Partnership Ownership

· Transferral or license of a registered trademark

o If the company is sold, the IP rights are generally transferred to the purchaser

o The company can assign or license the trademark to other companies or individuals

o If the company goes bankrupt, the trademark part of its assets can accordingly be sold off.

· When the company owns a registered trademark its value may be increased:

o Registered trademarks are quantifiable assets with a monetary value

o Registered trademarks can serve as a security interest in financial transactions

o Successful registered trademarks can be exploited as negotiating tools in business ventures

· Owners of a registered trademark are entitled to sue a third party for infringement. However, they are also liable in the event that their registered trademark is deemed to have been used unlawfully. Company or partnership ownership protects the individual from potential liability.

Individual Ownership

· Transferral or license of a registered trademark

o An individual may assign or license a trademark to a third person

o In the event of death, trademark ownership passes to the individual’s estate

o If the company goes bankrupt, the IP rights remain with the individual, and cannot be seized as part of the company’s assets. However, in the event that the individual faces bankruptcy, the trademark may be sold off accordingly

· Revenue:

o Ownership of a registered trademark could generate income for the owner, since royalties may be demanded for trademark usage (from the licensee)

o This system of ownership could have tax advantages for a company

Co-ownership

· Co-owners are at liberty to form any agreement concerning the division of rights of ownership. In the absence of agreements, the law will assume that each applicant “is entitled to an equal and undivided share” (TMA s.23). This means that:

o Each co-proprietor is entitled, without the consent of the other co-proprietors, to do any act for his own benefit, which would otherwise amount to an infringement of the trademark

o A co-proprietor may not grant a licence to a third party for use of the trademark, or assign his share without the consent of the others

o In the event of the death of a co-proprietor, his share passes to his estate, not to the other co-owners

Google’s AdWords faces further scrutiny in the Paris Court of Appeal

2010-07-20T01:52:00.000-07:00

Both LVMH Moet Hennessy Louis Vuitton and the internet search giant Google claimed victory last week in the latest of a series of challenges to Google’s AdWords business. On Tuesday 13 July the French Supreme Court (Cour de Cassation) referred a ruling in favour of the French luxury goods company back to the Court of Appeal.

The dispute involves Google’s paid referencing service, ‘AdWords’, which allows advertisers to bid for keywords- many of which are protected trademarks- used in Google’s search engine. When an internet user enters a keyword, advertisements known as “sponsored links” are shown in the top of the screen. Consequently, a search on a trademarked word could bring up a competitor’s product or - in theory – even direct the consumer to counterfeit products.

The Cour de Cassation’s judgment affirmed an earlier ruling by the European Court of Justice, which held that the practice of selling keywords associated with registered trademarks does not infringe trademark rights per se. Despite using its official blog to herald that ruling as a triumph for the free flow of information over the shackles of an overly coercive IP regime, the court made it clear that such advertising could constitute an infringement where it “does not enable an average internet user... to ascertain whether the goods or services referred to therein originate from the proprietor of the trade mark... or on the contrary, originate from a third party.” LVMH said that the Supreme Court’s recent decision “will enable the Paris Court of Appeals to rule on Google’s civil liability when using trademarks without the trademark owner's authorization." No date has been set for the forthcoming hearing.

Sources

http://googleblog.blogspot.com/2010/03/european-court-of-justice-rules-in.html

http://www.mediaweek.co.uk/news/1015878/Google-AdWords-held-liable-sale-trademarks/

http://sanfrancisco.bizjournals.com/sanfrancisco/stories/2010/07/12/daily10.html

Is it possible to trademark a smell?

2010-06-24T08:30:00.001-07:00

Following the ECJ's ruling in the 2001 Ralf Sieckmann case, courts have continued to support the view that it is not possible to register smells or sounds as trademarks. A smell cannot be adequately graphically represented by a verbal description because it is too imprecise. Manufactured smells (which would include scents and perfumes) can give rise to intellectual property rights which will generally attach to the information describing the ingredients of / or formulae for the smells or to the processes of production (or both). This type of information has traditionally been protected by treating it as a trade secret.

By way of analogy, take for example the ingredients for Coca-Cola®. This information has always been guarded by the company as a trade secret and its disclosure to employees or third parties has always been under the form of non-disclosure agreements. Trade secrets are generally enforced by contract.

The advantage of holding a trade secret is that the intellectual property rights can exist indefinitely so long as you manage to keep it a secret. The trick is to make sure that you have sufficient contracts in place (whether with your employees or contract manufacturers or other third parties) to allow you to disclose freely the ingredients and means of production of your scents on a need to know basis. Any misuse or unauthorized disclosure of a trade secret by a contracted party would generally amount to a breach of contract and an actionable claim in the courts, giving the holder the right to an injunctive remedy (where available) and possible recovery of damages.

If you would like more information on this article or require assistance in the preparation of non-disclosure or employer/employee covenant terms to safe-guard this type of intellectual property, please contact Forde Campbell LLP.

Should I register my business name as a trademark?

2010-01-26T02:48:00.000-08:00

If you are already using a business name then, generally, the only way in which you can protect that name is to register it as a trademark. Many people assume that by simply registering a company name with Companies House (through the formation of a company) or registering a domain name with a registrar (through the formation of a domain name) that will be sufficient protection. Unfortunately, it is not enough.

You can only obtain legal exclusivity through registration of your trademark. If you choose not to protect your trademarks (which can include company names and domain names) by registration you run the risk that someone else will register the name. If this happens all of your hard work in establishing a brand and goodwill may be diminished (or even lost entirely).

Similarly, your name may already belong to someone else (as a registered trademark) without you knowing it. If that is the case then you will run the risk of generating goodwill in a trademark that you do not even own. Have you ever checked to see whether you are infringing an existing registered trademark? The last thing you would want is to be sued for trademark infringement. Not only could this expose you to unwelcome legal fees and court costs but you might also be saddled with the cost of having to change your company name and rebrand your goods and services.

UK Trademark Registration - Step by Step Guide

2010-01-26T02:42:00.000-08:00

We make trademark registration simple and affordable.

Step 1

You submit your details to us together with a description of your intended trademark via the Register Your Trademark link

Step 2

One of our IP team will contact you usually within 3 to 24 (working) hours to discuss your application and provide the necessary advice and cost estimate.

Step 3

In most cases we would advise you to undertake a thorough search against your intended trademark. If you decide to use our Premium Search services for these purposes, then as soon as we have received and confirmed your instructions as correct we will ask you to submit a payment on account to cover our search fees. Once the payment has been received your instructions will be forwarded to one of our IP team for processing. Once we have completed a full and detailed search against your intended mark we will forward a report of our findings to you. This usually takes about 10 working days.

Step 4

Depending upon the outcome of any search report, if you then decide to proceed with our Trademark Registration services, then following receipt of your instructions we will contact you to:

check and confirm your instructions;
supply you with a copy of the terms and conditions which will govern our supply of services (and we will ask you to confirm your acceptance of these);
we will request a payment on account to cover our fees and the registry fees.

Step 5

Upon confirmation of your initial instructions and receipt of your acceptance of our terms and conditions, together with receipt of the payment on account your instructions we will:

send you a trademark specification sheet setting out the particular classes of goods / services against which you have chosen to register your trademark; and
once you have confirmed your agreement to the wording of the application the IP team will then prepare and file your application together with the relevant fee at the Trademark Registry.

Step 6

You should expect the Trademark Registry to issue its examination report within approximately 2 months following submission of your application form. We will notify you as soon as we receive this report. The examiner can refuse registration if he considers that your mark is not sufficiently distinctive. However, he will not refuse your mark simply because of an earlier conflicting mark, unless the owner of that mark has successfully opposed your application. If the examiner considers that there may be potential earlier conflicting marks already on the register, you will then have the choice of:

either continuing with your application as it stands; or
trying to avoid the potential conflict by restricting the list of goods and services to which your application relates (i.e. limiting the classes); or
agreeing to withdraw your application.

If you choose to proceed with an application where the examiner has raised the potential of conflicts with earlier marks then the examiner will notify the holders of the earlier marks of this fact and it will be left to the discretion of those notified mark holders (or other third party objectors) as to whether they will oppose your application. This is why undertaking a Premium Search service can be so important.

Step 7

If your mark has not been rejected by the Trademark Registry you can expect it to be published in the Trademark Journal approximately 3 weeks after the examination report has been issued. If the Trademark Registry receives no opposition to your mark within 3 months of the date of publication they will then issue you with a trademark certificate. We will notify you as soon as the certificate is issued.

Trademarks: Identifying your Business Classes

2009-12-15T02:29:00.000-08:00

Trademarks are always registered against particular classes of goods (classes 1 - 34) and services (classes 35 - 45), which comprise the commercial areas of business to which your trademark relates (i.e. which your mark will be used to promote).

Note that a trademark can be registered against more than one class of goods or services. This is important since registration against a single class only protects the registered trademark's use in relation to that class of goods or services. For example, if you wanted to register a brand name for a particular type of leather suitcase then this would be registered under class 18. You would then be protected against a competitor marketing a suitcase using that same or a similar brand name. However, you would not be protected against a tractor manufacturer using the same or similar mark to market one of their tractors (under class 12).

Your registered trademark will only protect you in relation to (and be limited to) the particular classes of goods and services that you chose for your trademark on registration. It is therefore extremely important that you correctly identify the particular goods and services which you intend to use with your trademark. You will also need to bear in mind the costs implications when you come to selecting your classes. In the UK the Trademark Registry will charge an additional fee of £50 for each additional class of goods and services you include with your application in excess of a single class. For EU Community trademarks the OHIM charges an additional fee of €150 for each class of goods and services you include with your application in excess of 3 classes.There is also a similar fee to be paid on registration.

The relevant classes are set out below:

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.

Also in this class are 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.

Also in this class are 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.

Also in this class are combustible fuels, electricity and scented candles.

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.

Also in this class are 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.

Also in this class are 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.

Also in this class are parts of engines and motors; some parts for vehicles, (for example exhausts for vehicles); vacuum cleaners.

Does not include engines or motors for land vehicles which are in Class 12 or specialist machines (for example, weighing machines are in Class 9).

Class 8

Hand tools and implements (hand operated); cutlery; side arms; razors.

Also in this class are 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, (for example, 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.

Also in this class are 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 an external display screen or monitor; 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 (for example, 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.

Also in this class are 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.

Also in this class are air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights.

Class 12

Vehicles; apparatus for locomotion by land, air or water.

Also in this class are motors and engines for land vehicles and certain other parts and fittings, (for example, vehicle body parts and transmissions).

Does not include certain parts or fittings for vehicles, (for example, 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

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.

Also in this class are clocks and watches; costume jewellery.

Does not include certain precious metal items, (for example, cutlery is in Class 8, pens are in Class 16).

Class 15

Musical instruments.

Also in this class are 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.

Also in this class are 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.

Also in this class are 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.

Also in this class are 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, (for example 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.

Also in this class are 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.

Also in this class are 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; 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.

Also in this class are both electric and non-electric toothbrushes.

Does not include electric kitchen appliances, (for example 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.

Also in this class are 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.

Also in this class are 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.

Also in this class are 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).

Also in this class are 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.

Also in this class are hand-held computer games equipment which is self contained (not adapted for an external display screen or monitor).

Does not include computer games equipment adapted for use with an external display screen or monitor 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.

Also in this class are prepared meals and snacks whose main ingredients are proper to this class, (for example, 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.

Also in this class are prepared meals and snacks whose main ingredients are proper to this class, (for example, 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.

Also in this class are all food and beverages for animals.

Does not include tea, coffee or chocolate-based beverages which are in Class 30.

Class 32

Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.

Also in this class are shandy, de-alcoholised drinks, non-alcoholic beers and wines.

Class 33

Class 33

Alcoholic beverages (except beers).

Also in this class are wines, spirits and liqueurs; alcopops.

Does not include beers which are in Class 32.

Class 34

Tobacco; smokers' articles; matches.

Also in this class are lighters for smokers.

SERVICES

Class 35

Advertising; business management; business administration; office functions.

Also in this class are 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.

Also in this class are 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 conveyancing services which are in Class 45.

Class 37

Building construction; repair; installation services.

Also in this class are 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.

Also in this class are all telecommunications services, (for example, 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.

Also in this class are 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.

Also in this class are the development, duplicating and printing of photographs; generation of electricity.

Class 41

Education; providing of training; entertainment; sporting and cultural activities.

Also in this class are 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.

Also in this class are 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.

Does not include providing access to the Internet or portal services which are in Class 38, or garden design services which are in Class 44.

Class 43

Services for providing food and drink; temporary accommodation.

Also in this class are 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.

Also in this class are 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

Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

Also in this class are dating services; funeral services and undertaking services; fire-fighting services; detective agency services; compilation, creation and maintenance of a register of domain names.

Does not include beauty care services for human beings or animals which are in Class 44 or educational services which are in Class 41.

International Trade Mark Protection

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The Madrid system is a multi-national trademark system based on two international treaties:-

the Madrid Agreement; and
the Madrid Protocol.

The system is managed by the World Intellectual Property Organisation (WIPO) which is based in Geneva, Switzerland.

This system means that you no longer have to apply to several individual different countries to register your mark, which can take a lot of time and be much more expensive. By filing one application in one jurisdiction with one set of fees, the Madrid System has proved to be a much more cost effective way of managing international trademarks - provided of course that the country you wish to register are part of the Madrid Agreement.

There are, of course, risks in using the system in that any refusal, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration will lead to the refusal, withdrawal or cancellation of the international registration to the same extent.

Another disadvantage is that not all countries participate in the agreement, check below to see if your country is listed:-

Albania

Antigua & Barbuda

Armenia

Australia

Austria

Azerbaijan

Bahrain

Belarus

Belgium

Bhutan

Bosnia and Herzegovina

Botswana

Bulgaria

China

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Estonia

European Union (via

Community Trade Mark)

Finland

France

Georgia

Germany

Ghana

Greece

Hungary

Iceland

Iran

Ireland

Italy

Japan

Kenya

Korea (North)

Korea (South)

Kyrgyzstan

Latvia

Lesotho

Liechtenstein

Lithuania

Luxembourg

Macedonia

Madagascar

Moldova

Monaco

Mongolia

Morocco

Mozambique

Namibia

Netherlands

Norway

Poland

Portugal

Romania

Russian Federation

Sao Tome and Principe

Serbia & Montenegro

Sierra Leone

Singapore

Slovakia

Slovenia

Spain

Swaziland

Sweden

Switzerland

Syria

Turkey

Turkmenistan

Ukraine

United Kingdom

United States of America

Vietnam

Zambia

Those that aren't listed, aren't part of the agreement - so you may end up having to make separate applications to these countries.

If your home country is listed above, then you are able to use the system if you have a current trademark registration in your home country on a trademark application pending.

Applications are filed at the national Trade Mark office of the ‘home’ application or registration who pass the application to WIPO. WIPO conducts a formalities examination and then the application is granted covering all the countries specified. The Trade Mark Offices of the countries you've applied to then have 18 months to oppose the registration. An International Registration can only cover members of the Madrid Protocol (as listed above).

All rights in an International Registration date back to the day of filing, not the date on which the registration is granted.

To get some more advice on international trademarks, contact us.

Trademark FAQ

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What can I register as a trademark?

There are three types of trademarks:

(i) Word Only – the exact word (or combination of words)

(ii) Logo / device – this can be any pictorial design (e.g. the Ralph Lauren polo-horse or the Microsoft quadrant flag) and even, in certain circumstances, a sound

(iii) Word /Logo combination.

Where should I register my trademark?

If you have a business in the UK or Republic of Ireland that sells goods and services to both a UK and Republic of Ireland market you should file a trademark application (in the registration classes that correspond to your business) at the Trademark Registry with the UK Intellectual Property Office and also with the Irish Patent Office. If your business only markets its goods and services in one of those territories then a single application may be sufficient protection (but bear in mind the possibility of business expansion).

If you want to prevent another business (who could be a competitor) from using your name in any other part of the EU you should consider a Community Trademark (CTM) application. One CTM application triggers separate applications in each member state of the EU. What this means is that you will be protected if you sell products or expand your business into the EU countries. You should also consider protecting your trademarks in your principal markets overseas (i.e. beyond the EU) subject of course to cost considerations. It is possible to cover up to 172 countries by filing one application under the Madrid Protocol.

When will a trademark not be granted trademark protection?

A trademark needs to have distinctive character. Therefore, if your trademark is purely descriptive of the goods or services to which it relates, it will not be granted protection. For example if you are a butcher trading under the name “Quality Meats Butchers” then these words would fail for being too descriptive. However, if the business was trading under the name “Pyramid Quality Meats Butcher”, the word “Pyramid” would probably provide sufficient distinctiveness to an otherwise descriptive statement to enable protection (assuming, of course, that the mark was not the same as or confusingly similar to any other marks for similar goods or services).

When is a mark deemed to be “too similar” to another mark to allow protection?

Trademark applications will be checked to see whether the intended mark is (i) either the same as an existing mark (i.e. an exact match); or (ii) visually similar to another mark (i.e. where there are sufficient similarities between this mark and another mark to give rise to possible consumer confusion); or (iii) phonetic similarities (i.e. where the sound of the intended mark is similar to the sound of another mark that might give rise to possible consumer confusion); or (iv) conceptual similarities (i.e. what is the mark’s meaning).

Why should I bother to register a trademark?

Ask yourself this simple question. Can you afford to lose the name of your company and product names? If not, then why take the risk that you might have to.

How long does it take to register a trademark in the UK?

Typically, an application which is processed without complications will take between 6 to 9 months before registration is granted.

How long does it take to register a trademark as a EU Community trademark?

Typically, an application which is processed without complications will take between 12 to 18 months before registration is granted.

Does a registration in UK offer worldwide protection?

No. A trademark registration is always limited to the territory for which the registration was granted.

I have a word and a logo which I want to register. Do I have to apply for two registrations?

If you ever want to use the word or logo separately from each other, then yes. The question you will need to ask yourself is “how do I intend to use my marks?” Whatever you use on your letterhead or website then this is what you should file as a trademark in your applications.

When can I use the “TM”or “R”designations with my trademarks?

You can use “TM” any time. You can only use the “R” designation if your trademark is registered. Be aware that use of the "R” designation with an unregistered trademark in the UK is against the law.

My company is registered with Companies House. Does this protect my company name as a trademark?

No.

My domain name is registered with a domain name registrar. Does this protect my domain name as a trademark?

No.

If I have registered my trademark for one class of goods or services can someone else register it for a different class of goods or services?

In theory, yes. That is why, when you file your application, you should consider filing as many different classes as are necessary to cover the different products or services you currently provide (and also those which you intend to provide). If you are a manufacturer of various different products you should make sure that all of your products are protected by claiming protection against the appropriate classes.

How long does a UK trademark registration last?

It lasts 10 years and can be renewed for further period of 10 years. If you fail to pay your renewal fee at the next renewal date, your trademark registration will expire. However, you are entitled to an additional six months following the renewal date in which to renew your registration, although you will be required to pay a fee for late renewal. Following this six-month period, you are then allowed a further six-month period, i.e. a total of 12 months after the renewal date, in which you may apply to the Trademark Registry in order to restore your mark.

Can I sell or licence use of my registered trademark?

Yes you can. A trademark constitutes intellectual property (IP) and can be sold or licensed in much the same way as other property you may own. We can provide advice on all matters relating to IP sales, acquisition or licensing.

Once I have registered my trademark, can I increase the classes of goods or services at a later date to match my future business needs?

No. You must make sure your application provides sufficient cover for potential future goods or services. It will not be possible to extend your registration to include additional goods or services after you have applied. However, you can still make a fresh application to cover additional goods or services.

Can I claim a refund of the application fees if my application is rejected?

No. Our fees and the registry fees cover the cost of the processing and the examination of your trademark application.

Visit us for your free trademark search.

Is my Trade Mark too descriptive?

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Trademarks which describe the goods or services that they're aiming to promote will not be accepted by the Trademark Registry if they do not offer any distinction.

What does this mean?

It means that you cannot claim the rights to a word or phrase which is commonly used to promote goods or services which are similar to your own.

Some examples of trademarks that would typically be rejected by the registry on distinctive grounds would be:-

24hrsAday - Many traders advertise their goods or services as 24 hours a day. This mark would be instantly rejected as it means that the owner of the mark would be able to claim rights over all traders using this common phrase.

MeatyButchers - If you are trading as a butcher, these two words simply the type of goods that you are selling. Joining the two words together to make a new word would not make this mark acceptable.

PHONES direct - 'Direct' describes goods or services sold directly to the public and is widely used by traders. 'Phones' doesn't add any more distinction to the mark as, again, it's describing what the mark is being used to promote.

The one 4 you - Slogans like this are commonly used in trade and are therefore, not distinctive. Using the number ''4'' instead of the word ''for'' does not add more distinction as it sounds the same as the word it represents.

What can I do to make my mark more distinctive?

If you're already using a descriptive mark to promote your goods/services, ways of adding distinction can include:-

Using ''Made-Up'' words (i.e. words that don't already exist)
Adding a logo - A well-conceived logo can give your mark added distinction, although note that this will, of course, limit the scope of your protection (i.e. you will be restricted to using the logo to safely promote your goods/services)
Picking a word that has no relevance to the goods or services you're selling... i.e. ''Doors'' if you're planning to use the mark to promote watches. Doors is a commonly used word, but it isn't related in any way to 'watches'.

Common Misconceptions

The registry may reject words or logos that are unlikely to be conceived as a trademark by the public because they are:-

Misspelt words such as 'nite' or 'fone'
In Colour
In a different typeface or font
Displayed as an internet domain with ''.com'' or ''.co.uk'', etc.
Words which are joined together to create a new word such as PHONESHOP
A combination of any of the above.

Need to check if your mark is too descriptive? Get some free trademark advice today.

Happy that your mark is distinctive enough? Make sure it isn't already registered with our Free Trademark Search facility.

If you've checked both of the above, then you can proceed straight to Trademark Registration.

What is a Trademark?

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A trademark is a sign which enables you to distinguish your goods and services from those of other traders for the purposes of promotion. A sign can include words, logos, drawings (pictures) and even a sound or a combination of these things.

Trademarks differ from copyright (which protects artistic or creative works) or patents (which protects inventions). In contrast to the protection offered by copyright and patents, your trademark registration can last as long as you wish, subject to your renewing it every 10 years.

A trademark can often be one of the most valuable assets your business has, particularly where you trade on a reputation or where your goods are marketed under a particular brand.

There are two types of trademarks:

1. An Unregistered Trademark

You can devise and use a trademark without registering it. You can even claim certain rights of ownership over your unregistered trademark but in the event someone else began to use your mark without your permission you would have a potential problem in protecting your ownership.

This is because one of the the difficulties faced by you as an owner of an unregistered mark is that to prevent unauthorised use you would first need to establish that your mark had been used by your organisation as a bona fide trading entity and that it had accrued sufficient goodwill.

2. A Registered Trademark

As a holder of a registered trademark you don't need to establish any of that to protect your mark. The principal advantages of holding a registered trademark are that:

you will have the right to take legal action against others who use your trademark (or a confusingly similar mark) in relation to the same or similar goods and services as your trademark without your permission
you can protect your trademark before your product is even put on the market (although you risk having the mark revoked if it is not used for five years);
there is a presumption that the registration is valid and therefore it offers you greater protection against a claim of trademark infringement (although you should note that the validity is not guaranteed because the validity of a trademark is always open to challenge); and
registration reduces the possibility of disputes as it confers on the owner increased certainty, because the registration determines the extent of the goods or services to be protected by that particular trademark.

For more information on trademarks or to speak to a trademark specialist, visit our site.

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. Also in this class are 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. Also in this class are 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. Also in this class are combustible fuels, electricity and scented candles.
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. Also in this class are 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. Also in this class are 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. Also in this class are parts of engines and motors; some parts for vehicles, (for example exhausts for vehicles); vacuum cleaners. Does not include engines or motors for land vehicles which are in Class 12 or specialist machines (for example, weighing machines are in Class 9).
Class 8	Hand tools and implements (hand operated); cutlery; side arms; razors. Also in this class are 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, (for example, 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. Also in this class are 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 an external display screen or monitor; 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 (for example, 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. Also in this class are 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. Also in this class are air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights.
Class 12	Vehicles; apparatus for locomotion by land, air or water. Also in this class are motors and engines for land vehicles and certain other parts and fittings, (for example, vehicle body parts and transmissions). Does not include certain parts or fittings for vehicles, (for example, 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	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. Also in this class are clocks and watches; costume jewellery. Does not include certain precious metal items, (for example, cutlery is in Class 8, pens are in Class 16).
Class 15	Musical instruments. Also in this class are 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. Also in this class are 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. Also in this class are 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. Also in this class are 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, (for example 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. Also in this class are 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. Also in this class are 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; 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. Also in this class are both electric and non-electric toothbrushes. Does not include electric kitchen appliances, (for example 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. Also in this class are 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. Also in this class are 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. Also in this class are 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). Also in this class are 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. Also in this class are hand-held computer games equipment which is self contained (not adapted for an external display screen or monitor). Does not include computer games equipment adapted for use with an external display screen or monitor 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. Also in this class are prepared meals and snacks whose main ingredients are proper to this class, (for example, 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. Also in this class are prepared meals and snacks whose main ingredients are proper to this class, (for example, 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. Also in this class are all food and beverages for animals. Does not include tea, coffee or chocolate-based beverages which are in Class 30.
Class 32	Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. Also in this class are shandy, de-alcoholised drinks, non-alcoholic beers and wines.
Class 33	Class 33 Alcoholic beverages (except beers). Also in this class are wines, spirits and liqueurs; alcopops. Does not include beers which are in Class 32.
Class 34	Tobacco; smokers' articles; matches. Also in this class are lighters for smokers.
SERVICES
Class 35	Advertising; business management; business administration; office functions. Also in this class are 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. Also in this class are 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 conveyancing services which are in Class 45.
Class 37	Building construction; repair; installation services. Also in this class are 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. Also in this class are all telecommunications services, (for example, 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. Also in this class are 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. Also in this class are the development, duplicating and printing of photographs; generation of electricity.
Class 41	Education; providing of training; entertainment; sporting and cultural activities. Also in this class are 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. Also in this class are 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. Does not include providing access to the Internet or portal services which are in Class 38, or garden design services which are in Class 44.
Class 43	Services for providing food and drink; temporary accommodation. Also in this class are 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. Also in this class are 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	Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. Also in this class are dating services; funeral services and undertaking services; fire-fighting services; detective agency services; compilation, creation and maintenance of a register of domain names. Does not include beauty care services for human beings or animals which are in Class 44 or educational services which are in Class 41.