When building a brand, protecting your intellectual property is crucial. One of the most effective ways to do this is through trade marks. But what exactly can you trade mark in the UK? Here’s a straightforward guide to help you understand what qualifies—and what doesn’t.

What Is a Trade Mark?

A trade mark is a sign that distinguishes your goods or services from those of other businesses. It can be vital for brand recognition, customer trust, and legal protection.

What Can Be Trade Marked?

In the UK, you can trade mark any sign that can be represented clearly and precisely, provided it is distinctive and not descriptive of the goods or services. Common examples include:
  • Words: Brand names, company names, product names, slogans.
  • Logos: Graphic symbols, stylised words, emblems.
  • Shapes: Distinctive product shapes or packaging (think of the Coca-Cola bottle).
  • Colours: Specific colours or colour combinations (if they are distinctive for your brand).
  • Sounds: Unique jingles or musical notes (e.g., Intel’s chime).
  • Combinations: Any combination of the above, such as a logo with a slogan.

What Cannot Be Trade Marked?

Certain signs are excluded from trade mark protection in the UK, including:
  • Generic or descriptive terms (e.g., “Fresh Bread” for a bakery)
  • Marks that are misleading, offensive, or contrary to public policy
  • Common surnames or geographical locations (unless they have acquired distinctiveness)
  • Flags, emblems, or hallmarks protected by law
  • Shapes that result from the nature of the goods themselves

Key Considerations

  • Distinctiveness: Your mark must be unique enough to identify your business as the source of goods or services.
  • Non-Descriptive: Avoid marks that simply describe what you offer.
  • Use in Commerce: You must be using, or intend to use, the mark in connection with your goods or services.

Why Register a Trade Mark?

Registering your trade mark gives you exclusive rights to use it in the UK for the goods or services specified. This means you can:
  • Prevent others from using a similar mark
  • Build brand value and recognition
  • License or sell your trade mark as a business asset
  • Take legal action against infringement

How Panoramix IP Can Help

Navigating trade mark registration can be complex. At Panoramix IP, we handle every aspect—from initial searches and application drafting to portfolio management and enforcement. If you’re unsure whether your brand element is eligible for trade mark protection, we’re here to advise.
Ready to protect your brand?
Contact Panoramix IP for expert trade mark advice and a straightforward registration process.