What cannot be trademarked in the UK?

Trademarks are a UK business asset that protects brand identity and prevents unauthorized use. Not all things, however, can be trademarked. In determining a trademark application, it is important to have an understanding of what limitations are imposed by the UK Intellectual Property Office (UKIPO).

1. Generic or Descriptive Terms

   The trademark must be distinctive. These are generic words which directly describe an article or a service (e.g., "Fresh Apples" for a fruit shop). Descriptive words and common words in an industry (e.g., "Best Quality") are rejected too unless they acquire distinctiveness by being usual.

2. Deceptive or Misleading Marks

   Any suggestion misleading to the public about the nature, quality, or source of goods or services will be rejected. For instance, a notice suggesting that a product is organic but is not so would be rejected.

3. Objectionable or Illegal Matter

   Objectionable, obscene, or discriminatory words, pictures, or slogans in trademarks are not permitted. Further, marks suggesting illegal conduct cannot be registered.

4. National Symbols and Protected Emblems

   Trademarks involving national flags, royal crowns, official stamps, or protected marks (such as the Olympic rings) without authorization will be rejected. Such marks are within UK law and international agreements.

5. Identical or Confusingly Similar Marks

   A similar or substantially similar trademark to an existing mark in the same trade will be rejected. The UKIPO checks for inconsistency to avoid customer confusion.

6. Functioning Shapes for a Purpose

   Where a shape is defined solely by purpose (i.e., the shape of a tool that is necessary to enable it to be functional), it cannot be trademarked. This exclusion prevents monopolization of functional shapes that need to be put at the disposal of all competitors.

For companies desirous of registering trademarks in the UK, effective search and expert advice can enable them to surpass such constraints successfully. If you require help in company formation and intellectual property protection, it is highly advisable to approach an experienced offshore service provider.