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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16932
Experience:  30 years as a practising solicitor.
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I am looking at getting my company logo trademarked but have

Customer Question

I am looking at getting my company logo trademarked but have concerns regarding restrictions on what can be trademarked
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

Thanks for your question. I am an intellectual property solicitor in the UK and can help you with your question today. What restrictions are you concerned about?

Customer: replied 1 year ago.
I was reading that your trademark working/logo or image can't describe your goods. So we are a chocolate producer and the word "Chocolates" makes up part of our name and logo.
Expert:  JGM replied 1 year ago.

That is the general rule but you could argue that the word “chocolates” has secondary meaning, certainly where the mark is a logo. Descriptive marks can become distinctive only if they achieve secondary meaning. This means that, although the mark seems descriptive on its face, consumers recognize the mark as a designation of a particular source. I suggest you go to the trademark register and look up marks in Class 30, using chocolate as a search term. Search for the last couple of years or so and there you will see examples of what I mean. Look here: https://trademarks.ipo.gov.uk/ipo-tmtext/page/Results I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 1 year ago.
Thank you for your time and advise on the trademarking of something like you say could be secondary in meaning.
Expert:  JGM replied 1 year ago.

You’re welcome. Don’t forget to leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today. Happy to discuss any matter further.