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Information-hub/Trademarks/Legal requirements to register a Trademark

Legal requirements to register a Trademark

In the UK and EU, a Trademark must be distinctive enough to identify one particular company or person and consists of :

  • Words

  • Sounds

  • Logos

  • Colours

  • A combination of any of the above.

A Trademark cannot :

  • Be similar to a Trademark of another business that sells the same goods or services.

  • Be offensive, for example contain swear words or pornographic images

  • Describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a Trademark for a cotton textile company

  • Be misleading, for example use the word ‘organic’ for goods that are not organic

  • Be too common and non-distinctive, for example a statement like ‘we lead the way’

  • Be just a generic shape associated with your business, for example if you sell apples you cannot trade mark the shape of an apple

  • Make use of national flags you do not have permission to use or make use of official emblems or hallmarks, for example coats of arms

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