Is your trade mark acceptable?

We are likely to consider invented words or dictionary words that are not in any way associated with your goods or services as distinctive. However, we will object to words, logos, pictures or other signs which the public are unlikely to consider a trade mark.

For example, marks which:

  • describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services
  • have become customary in your line of trade

are not distinctive.

We will also not accept marks which are:

  • three dimensional shapes, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods
  • specially-protected emblems
  • offensive
  • against the law, for example, promoting illegal drugs; or
  • deceptive. There should be nothing in the mark which would lead the public to think that your goods and services have a quality which they do not.

Can't overcome the objections?

If you can't overcome the objections, you can either request a hearing or withdraw your application.

If you don't reply within the time limit, we will refuse your application. You then have one month to send us a form TM5 PDF document(114Kb), with a £100 fee and fee sheet FS2 PDF document(45Kb), which is a request for us to issue a written statement of the grounds for refusal which you will need if you decide to appeal our decision.

Send any forms and the fee sheet to:

Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

As well as these objections, you should also be aware of any earlier rights that we tell you about.