1. Can I register my trade mark ... ?
2. I have registered my company name at Companies House. Does this mean I can stop anybody from using the same name ... ?
3. Before I spend any money to register my trade mark how can I find out if somebody has registered a similar mark ... ?
4. Can I register my name as a trade mark ... ?
5. How long will it take to register my trade mark ... ?
6. Can I show my invention to potential investors in order to encourage them to pay for further development or for it to be patented ... ?
7. If I invent something at work am I entitled to claim a patent on the invention ... ?
8. I have an idea how can I obtain a patent for it ... ?

I Can I register my trade mark ... ?

Please use our Enquiry Form for our assessment.

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I I have registered my company name at Companies House. Does this mean I can stop anybody from using the same name ... ?

No. Registering your company name does not give you the right to prevent somebody else using that name, only by registering that name as a trade mark will you be able to prevent others from using your name.

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I Before I spend any money to register my trade mark how can I find out if somebody has registered a similar mark ... ?

A search of the UK and European Community trade mark databases should always be conducted prior to an attempt to register a mark. This search also provides an opportunity for us to assess the prospects of success for your application, saving you time and money.

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I Can I register my name as a trade mark ... ?

Yes and No depending on how much of your name you want to register - surname with forename(s) will normally be acceptable - surname alone, which is common in the UK is not acceptable. Common is defined by the number of entries in the London Phone Book.

A combination of two or more surnames will normally be acceptable - forenames alone on goods will normally be acceptable but in relation to services will be more problematic - combination of two or more forenames will normally be acceptable.

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I How long will it take to register my trade mark ... ?

Provided the application runs smoothly it will take between 9 and 12 months for registration, however it is important to remember that protection begins on the date the application is filed.

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I Can I show my invention to potential investors in order to encourage them to pay for further development or for it to be patented ... ?

We strongly advise you not to tell anyone about your invention until you have applied for a patent. To be patentable an invention must not have been made available to the public, either by public use or by disclosure, other than under conditions of confidentiality. Such conditions will exist between you and your Patent Attorney. Once an application has been filed then you are protected from invalidating your patent by disclosing it to a third party.

Conditions of confidentiality can be difficult to establish, apart from perhaps well known situations as between an inventor and their patent attorney or a doctor and their patient. Potential investors can often benefit from the uncertainty in the law of confidentially as many hapless inventors have discovered in the past.

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I If I invent something at work am I entitled to claim a patent on the invention ... ?

The Patents Act 1977 states that an invention made by an employee shall be taken to belong to the employer if, but only if:

1) It was made in the course of normal duties of the employee; or outside such duties but specifically assigned to them: and the circumstances (in either case) were such that an invention might be expected to result therefrom;

or

(2) It was made in the course of duties of the employee which duties were of such a nature giving rise to such a responsibility that the employee had a special obligation to further the interests of the employer.

I I have an idea how can I obtain a patent for it ... ?

First of all keep it to yourself. Your idea can be protected as a patent provided it consists of an invention which is new, involves an inventive step and is capable of industrial application. The granting of patents is governed by the Patents Act 1977 and is implemented by the UK Patent Office. The procedure is long and complex, whilst it is possible for an inventor to make his or her own application it is strongly recommended that a Patent Attorney is engaged to file and oversee the application. Indeed the UK Patent Office is clear in its advice "Beware of the risks involved in 'doing it yourself'! ....only those with adequate background knowledge and experience are likely to produce specifications which will stand up under legal attack".

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