FAQs - Frequently Asked Questions

1. Does my company name give me rights to use the name?
   No, not necessarily. The only way to protect a name is to trade mark that name
   
   
2. I have used my name for several years - will this help me get a trade mark?
   Maybe. If you have used the mark in the course of trade then you may have acquired rights to the name through use. Again, the best way to protect a name is by registering a trade mark.
   
   
3. What does tm|express do to help me get my trade mark?
   We fill in all the forms and make sure that you get the best protection for your name. Trade marks can be a difficult subject and we help make sure that your application is correct and covers the right goods/services for your particular circumstances.
   
   
4. What is a class?
   Trade marks are registered in what are known as classes or categories of business. These relate to goods/services that you may wish to protect the mark for. A full list of goods/services can be found here.
   A UK application includes one class of goods/services, whereas an EU mark includes up to 3 classes, all within the application fee. Further classes of goods/services can be added to the application, at an extra charge.
   
   
5. Why are you based in Guernsey?
   There is no one reason for this. Our offices are here and our Directors are based on the Island. One of the advantages of being based in Guernsey is that we do not have to charge you VAT on our services.
   
   
6. What happens if my application is challenged?
   You can argue with the appropriate registry that your mark should be accepted. There may be several factors that may change the registry's mind, such as use made of the mark, or evidence to show distinctivity relating to the mark.
   
   
7. How long will it take to get my trade mark?
   If everything goes smoothly then it will take around 6-7 months in the UK and 12-15 months in the EU. Please note that there is nothing we can do about these timescales. This can now be speeded up in the UK with the recent introduction of a fast track service. There is an extra £300 fee involved, which would speed things up by about 1 month. Please contact us if you require this service.
   
   
8. How long does a trade mark last?
   10 years from the date of application. The date of registration takes the date of application, so even if your mark takes 6-7 months to get to registration, you do not lose any time.
   
   
9. What does tm|express do if my application is challenged?
   There are two ways in which your application may be challenged - either by the Registry or by a 3rd party, or both. If your application is challenged at either stage then we can help you - please note that further fees would apply if your application is challenged. In the event of this happening we will inform you of the likely charges.
   
   
10. I have lots of domain names containing my company name - is this not enough to protect me?
    The short answer to this is no. Unless you have a registered trade mark it could be very difficult to prove that you have sufficient rights to use the name.