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What is a trade mark?

A trade mark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. A registered trade mark provides protection to the owner, granting exclusive rights to the use of it to distinguish their goods and services.

The words 'brand' or 'logo' are also used for signs that do the job of a trade mark.

The origins of trade marks in the UK was in the goods of crafts items such as pottery and jewellery marks. In this way they came to show the source of the items production and also in some cases, a symbol of quality or standards.

Modern trade marks can include words, logos, holograms, colours, shapes, sounds and smells. For information about applying to register non-conventional trade marks such as smells, you should contact us.

Why are trade marks important?

In modern times, businesses invest finance and effort in creating a good business reputation and strong image or 'brand'. In this way, a trade mark represents the products or services of that business and helps their customers to tell its products and/or services from competing firms. A strong trade mark can be a valuable asset to a business especially in sectors where consumers make a wider 'lifestyle' association with the logo.

What should I consider before applying?

Before you apply, there are some useful questions you might like to think about. The answers may have an affect on the outcome of your trade mark application.

Q1. Is there a mark that is identical or similar to the one I would like to apply    for already registered or already in use? (Section 5 Trade Marks Ordinance)

Q2. Does the sign I would like to apply for have a unique character for the goods and services that I will be applying for? (Section 3, Trade Marks Ordinance)

Q3. Does the sign I would like to apply for describe the kind of goods and/or services that I would like to use it for? Does it describe the way the goods will be used, their quality or quantity or where they come from? (Section 3, Trade Marks Ordinance)

Q4. Is the sign a term, image or expression one that is frequently or commonly used in the trade of goods or services that I want to use it for?

Q5. Is my sign rude, or offensive?

Q6. Do I wish to seek professional legal advice or representation in any of these matters?

As part of the answer to this we would recommend you do a search of the trade marks register in the Bailiwick of Guernsey. If there is an identical or similar trade mark for the same or similar goods and/or services already registered this may affect your application

How do I search the Trade Marks Register?

At present there are three ways to search the Trade Marks Register for the Bailiwick of Guernsey:

1 Complete and submit GTM S application form providing us with either the mark number that you wish to look up, or the details of the mark or sign that you want to search for on the register. This is a formal search and you will receive documents showing what we have found. There is a £25 administration charge for each search undertaken.

2 Visit the Intellectual Property Office in order to search the register. This will require a search of the electronic data as well as a review of the paper ledgers that currently support this system. There is no charge for visiting the office to conduct this search.

3 Engage a legal or professional representative to undertake a search of the register at the Intellectual Property Office on your behalf. This may be of interest if you are unable to make the visit yourself. There may be legal/professional fees associated with this service from the firm you instruct. 

How do I make an application for a trade mark?

You will need to complete and submit the relevant application form (GTM32(P) or GTM32(S) together with the filing fee. The information that you provide on your form will provide the basis for any future legal protection of the trade mark if registration is successful. Therefore, you should think carefully about the information you enter on the form, you  may wish to seek legal or professional advice as such.

The application forms and fees for trade mark applications are displayed on our website. You may wish to undertake your own trade mark application in the Bailiwick of Guernsey. Once you have completed the relevant application form you should sign it and send it together with payment of the appropriate fees to:

The Registrar of Intellectual Property
Level 4 Market Building
Fountain Street
St Peter Port
Guernsey
Channel Islands
GY1 3GX

Your application and payment will be acknowledged by the Intellectual Property Office and we will start the process of considering your application to register a trade mark in the Bailiwick of Guernsey.

If there are any problems with your form or the payment we will contact you by telephone in the first instance and then in writing. You will have the opportunity to respond to any points we raise.