Trademark Registration in the .
Learn everything you need to know about the United Kingdom trademark registration process. One of the top benefits of getting a trademark registered is that it protects the trademark owner from infringements by giving legal rights to the owner over the exclusivity of the goods and services. This way, the owner also achieves peace of mind while establishing distinctiveness.
To understand the United Kingdom trademark registration process, let us look at it in depth.
UK's trademark registration services
To register a trademark in the UK, you have to apply online through Intellectual Property Office UK. You can also apply through the post, but that will cost you extra. IPO UK accepts multiple class applications, making it easier for applicants to register their trademarks for multiple classes with a single application rather than individually filing applications for each class. The UK follows a first to file system, which means that anyone who files for a trademark first becomes the trademark owner. Even though that is the case, the UK still gives some rights to unregistered trademarks, but it is beneficial to show the business’s usage and trademark registration.
Types of Trademarks
Types of Trademarks in the UK
There are different types of trademarks accepted in the UK. These include:
The main point is that the trademark should be distinctive. Some trademarks are not accepted. This includes:
How to register a trademark in United Kingdom?
Before filing an application, it is important to conduct a search to know whether there are identical or similar trademarks or why were trademarks were rejected in the first place.
To file an application, you will need to provide the following information:
- Name and address of the applicant;
- Details of the trademark;
- Classes under which the goods and services fall;
- The details of the goods and services.
If a priority is to be claimed, then the details of the first filing will be required.
The application is examined on the basis of relative and absolute grounds. For relative grounds, the application is checked to see if it is accurate and if the trademark is similar to a previously registered trademark.
On the absolute ground, the application is checked to see if the trademark can be registered in the first place and if the application follows all the rules.
If the examiner finds any problem in the application, it will notify the applicant and set a certain period for the applicant to respond.
If the examiner accepts the application and deems it complete, it is then published officially in the Trademark Journal for two months.
Once the application is published, third parties are allowed to oppose the application. The reasons for opposition can be numerous, and most parties consider settling the matter in a friendly manner. There are very few oppositions in the UK, with only around 4%.
If there is an opposition filed, the IPO gives both parties time to provide arguments and then decide based on evidence provided.
Publication and Opposition
If there is no opposition or the opposition is settled, the trademark is registered, and the IPO UK issues a Certificate of Registration. The certificate contains the details of the trademark along with the filing and registration dates.
Once the trademark is registered, the trademark owner can use the symbol ® alongside the trademark.
Price of Trademarks
Trademark registration cost in the UK
The trademark registration cost in the UK varies, considering if you apply online or through the post, and depends on the number of classes registered. For online applications, the prices range from $400 to $1000, depending on the classes and legal fees(if needed).
The cost for trademark registration will be higher if you apply through the post.
Age of Trademarks
How long does the trademark last?
The trademark in the UK lasts for ten years. The trademark can be renewed for another ten years. The trademark can be renewed as early as six months before the expiration date or at max six months after the trademark expires. If it is the latter, an extra fee will have to be paid.
Trademarks registered in the EU are not effective in the UK post-January 2021. Trademarks need to be registered again in the UK to obtain protection.
It is always beneficial to get a trademark registered. The trademark registration process is easy yet provides loads of benefits to the trademark owner, giving exclusivity and legal protection against counterfeits. The trademark registration process in the UK is simple, consisting of filing, examination, publication, and registration. Once the trademark is registered, it becomes easy for the owner to carry out business activities while providing a sense of authenticity to its customers, building trust and, ultimately, goodwill.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. UK’s trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.