United Kingdom Trade Marks
Protecting and applying for trade marks in the UK.
United Kingdom Trade Marks
Before applying for registration of your trade mark, it is recommended to conduct a search of similar pending or registered marks, company names and Internet sites.
If your sign is available, it can be registered as a trade mark at the United Kingdom Intellectual Property Office [UK IPO] based in Newport, Wales. UK IPO is a government agency, sponsored by the Department for Business, Innovation & Skills.
Scope and Validity
A UK trade mark registration is effective in England, Scotland, Wales, Northern Ireland and the Isle of Man.
Level of Protection
A UK trade mark confers on its proprietor an exclusive right to use the trade mark and to prevent third parties to use, without consent, the same or a similar mark for identical or similar goods and/or services as those protected.
Enforcing your rights
A registration grants a proprietor an exclusive right to prevent unauthorized use of the mark in trade without his/her consent. More specifically, the proprietor is entitled to prevent unauthorized third parties from:
putting the registered mark onto their goods or packaging
offering goods, putting them on the market or stocking them for commercial purposes using the registered mark
offering or supplying services carrying the registered mark
importing or exporting goods under the mark; and
using the mark on business papers and in advertising
If an unauthorized third party engages in any of these practices, it is guilty of infringing the exclusive right of the proprietor and the proprietor can act against these infringements.
Maintaining your mark
A trade mark should be put to genuine use in the UK within a period of five years following registration
Filing an Application
The UK application fee for a registration includes one Class of goods and/or services. There is a charge for each additional Class.
The forms that are sent to the UK IPO identify your trade mark, the goods and/or services that you wish to protect and the name and address of the legal owner of the mark. One must make a declaration that:
A filing number and date are confirmed, provided that various formalities have been completed.
The UK IPO examines your application and determines whether the sign is registrable as a trade mark, that the goods and services have been correctly classified and if there are any prior existing identical or similar UK, EC or International registrations.
If the UK IPO raises any objections, you are given an opportunity to contest them.
Once the objections have been successfully overcome, your trade mark is published in the UK Trade Marks Journal and advertised so that other parties may raise an objection to your mark. All objections must be resolved.
Once your trade mark has passed through the advertisement stage and any objections have been satisfactorily determined, your mark will proceed to registration and a certificate issued.
Priority
You can claim ‘priority’ from another application. This means that within a six month priority period from the date of filing of a first application for the same trade mark, one can claim the same date of filing as this first application.
Equally, if the UK is the first application filed for your mark, this can be used to obtain priority for subsequent applications within the priority period. This can be a very useful way to start with one application and slowly build up your portfolio, thereby spreading the cost of a registration programme.
The applicant is entitled to hold property.
The terms used to describe the goods and/or services listed in this application should be given their ordinary and natural meaning.
The trade mark is being used by the applicant, or with the applicant's consent, in relation to the goods or services shown, or there is a bona fide intention that it will be used in this way.
It is accepted that no changes can be made to the trade mark(s) applied for or goods or services added once the applciation is submitted. It is also accepted no fees are refundable.