Intellectual Property Office IPO : Trade Mark Registration Guernsey

Organization : Guernsey Intellectual Property Office
Type of Facility : Trade Mark Registration
Country: Guernsey

Website : http://ipo.guernseyregistry.com/article/5032/Trade-Marks
Online Services : https://www.greg.gg/webLogin.aspx

Trade Mark Registration :

Who can register a trade mark and what can be registered?:
Anyone who wishes to register a trade mark in Guernsey can do so directly with the Intellectual Property Office.

Related : Intellectual Property Office IPO Patent Registration Guernsey : www.statusin.org/8788.html

Alternatively you may wish to appoint a legal representative or Intellectual Property professional to carry out this service on your behalf.

What can be registered?:
A ’trade mark’ means any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.

Why register a trade mark?:
** You may wish to register a trade mark for protection under the trade mark law if….
** You have invested time and money in developing a logo or strap line to represent your business organisation or group eg. ‘Should have gone to Specsavers’.
** You have an image/logo or words that distinguish your business from your competitors eg. Nike ‘tick’ graphic. This is known as a ‘device’.

** Your business or organisation has a strong brand or reputation which has been built up and established over a long time eg. Kleinwort Benson.
** You have goodwill or intangible assets that you may wish to value and represent in your company accounts and a registration would help to define/ identify them.

** You have created a business, product or concept that is represented by a logo or identifying word eg. KODAK and you want to show that you own the trade mark in a way that competitors, associates or other interested parties can see on display.
** You think that an un-registered logo or identifying word is unfairly confusing or taking unfair advantage of a logo or name that you have owned and used.

** You have a product or service that is unique and distinctive and you want to have a legal monopoly right to use the term.
** You need to take legal action against anyone who is using your trade mark without your permission.

** You have considered the common law action of ‘passing off’ because someone is using your mark without your permission and would like to get the benefits of registered protection.
** You may want to sell, franchise, license or exploit your trade mark right within the structure of formal legal protection.

What should I do before applying for a new trade mark?:
Search the trade mark register:
Before applying, a search must be done to check for any similar or identical marks already on the Guernsey Trade Mark Register. The application requires that a declaration be made that a search has been carried out and that the application is not prohibited by Section 5 of the Trade Mark Ordinance.

This can be done online by going to the online services portal at www.greg.gg and clicking ‘IP Search’. A search can be carried out by mark text or image (using the Vienna Classification, see separate guidance on Vienna Classification for more information).

Register for the online services:
If you wish to apply for a trade mark online you will need to register for the online services. This is quick and easy, and can be done by going to www.greg.gg and clicking the ‘Register’ link at the top right of the page. Once your trade mark is registered, it is also possible to apply for renewals and changes to proprietor name/address online.

What kind of application should I make?:
Trade mark registration (primary application):
A trade mark that has never been registered in any jurisdiction (or has been registered in a jurisdiction that is not formally recognised by the Intellectual Property Office) can only be accepted as a ‘Trade Mark Application’ (primary application). If you have an earlier registration in another recognised jurisdiction, you may still apply for the trade mark in Guernsey as a primary application.

Supported registration:
A trade mark that has previously been registered in another recognised jurisdiction (see list of recognised jurisdictions on the IPO website) can be applied for in Guernsey claiming support from the earlier registration. The supported registration being applied for in Guernsey must be identical to the earlier registration, unless you do not wish to claim all Nice Classes originally claimed. In this case, any Nice Classes you do wish to include with the Guernsey supported registration must match the earlier registration.

Application for trade mark registration (primary registration):
£300 – including one class of goods or services, £20 for each additional class.

Application for supported trade mark registration:
£180 – including one class of goods or services, £20 for each additional class.

Application for renewal of registered trade mark:
When your trade mark is registered, the mark will remain on the register for 10 years from the date the application was filed. An application for renewal of a trade mark can be filed up to 6 months before the renewal date. Upon renewal, the mark will be registered for another 10 years from the renewal date.

The fee for renewal is £150 for one class of goods or services, £20 for each additional class.

Note: For further information regarding renewals, please see separate guidance available on the Intellectual Property Office website.