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I'm in the process of applying for a UK trademark through the UK government IPO service.

I've used the Right Start Examination Service and my application has been approved for the next stage.

Before I continue, I wanted to ask whether it makes a difference if a trademark is registered in title case, lowercase or uppercase?

I have registered one word mark in title case, like so:

My Trade Mark

I've read in a few places that registering the trademark in capital letters gives you broader protection, e.g. MY TRADE MARK.

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  • Difference to what, exactly? – Paul Johnson Jun 21 '20 at 16:43
  • My question is whether it makes a difference if the trademark is registered in title case, lowercase or uppercase. I've read in a few places that registering the trademark in capital letters gives you broader protection, e.g. MY TRADE MARK. – Sam Jun 21 '20 at 16:47
  • In other words, you are asking if it makes a difference to the scope of the protection. – Paul Johnson Jun 21 '20 at 16:49
  • Yes, that's right. – Sam Jun 21 '20 at 16:50
  • Can you point us at anyone who said this? Maybe they explained why. – Paul Johnson Jun 21 '20 at 16:55
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The purpose of trademark law is to enable people and companies to distinguish themselves from the competition. Hence it is illegal to use someone else's trademark, or to use one that is confusingly similar.

I would think that merely changing the case on an otherwise distinctive name would be considered "confusingly similar", so it wouldn't matter which case you used. But maybe some court somewhere thought differently.

Edit: Perhaps the argument is that by registering "my trade mark", "My Trade Mark" and "MY TRADE MARK" all at once you cover all the bases. Its not that "MY TRADE MARK" gives you broader protection than "My Trade Mark".

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