Trademark registration in the United Kingdom
Trademark registration in the United Kingdom

The United Kingdom has the oldest legal system on the globe and is regarded as the least corrupt and most reputable in the world.  As a result, trademarks registered in the United Kingdom are given extra significance and value.  Any trademark registered through the United Kingdom Intellectual Property Office (UKIPO) will be valid and legally protected on the territory of England, Wales, Scotland, Northern Ireland, the Isle of Man and the Falkland Islands.  In comparison to other jurisdictions, the trademark registration process in the United Kingdom is a fairly simplified and quick process that only takes 3 to 5 months to complete, provided that the application is initially filed correctly and there is no opposition from a third party.

Benefits of Trademark Registration in the UK

  • A UK registered trademark enjoys enhanced legal protection and is easy to defend in a court of law, unlike most jurisdictions where such processes are rigorous.
  • UK trademarks can be registered by foreign nationals or international companies but a legal address in the UK will need to be provided upon registration.
  • A UK trademark is valid for 10 years and can be further renewed every ten years indefinitely.  However, it is worth noting that if a trademark is not in use for a period of five consecutive years an application for its de-registration can be filed by an opposing party on the basis of non-use.
  • Registration of a trademark in the UK, grants the applicant a 6-month priority right to registering the trademark in other countries worldwide with the same registration date.
  • Trademarks registered in the UK are deemed valuable as the nation's reputation precedes it.

It is important to note however, that due to Brexit and the departure of the United Kingdom from the European Union, any trademark registered under European Union Intellectual Property Organization (EUIPO) as of January, 01st 2021 will no longer be valid within the United Kingdom.  Nevertheless, all pre-existing EU trademarks will still enjoy the protection of the United Kingdom. This is done through automatic registration of a 'comparable' trademark at the Intellectual Property Office.  The nation's withdrawal from the EU has no impact on the tangibility and security of trademarks registered in the UK.

Procedures 

  • Prior to proceeding with the trademark registration, a search needs to conducted in order to ensure that your brand qualifies as a trademark and that it is not already in use by another third party.  This step is of utmost importance as filing an application for a trademark that resembles or conflicts with an existing enterprise or does not correspond with the local registration requirements for trademarks is guaranteed to significantly complicate the process and result in unnecessary loss of funds and time.  Furthermore, in the case, that your trademark gets registered by omission to notice a similar brand by you or the Registry, you will expose your entire business to very stringent, costly and time-taking legal proceedings that can have can a very negative result on both your finances and your reputation.
  • Upon completion of the search an application for registration should be filed with the UKIPO.  This application must be supported by all the relevant information and documentation clearly defining the request and reason for the application, the name and contact details of the applicant as the proprietor of the future trademark, a detailed description of the goods or services represented by the trademark including the class number/s and a precise representation of the trademark itself.
  • Once the application is submitted, the registry will conduct a preliminary review of the application for any discrepancies, missing information or incompliance with the Act and Rules.  If everything is in order, then the UKIPO will set the date of submission as the official filling date.  However, if the application requirements are not met, the applicant will be given a period of one month to amend the application before it will be considered as dismissed or withdrawn.  In such a case, the filling date will set to the date of receipt of the last pending document.
  • When the filling date is set, the UKIPO will take a period of up to 60 working days to fully examine the application
  • Once the application is fully examined, the UKIPO will then proceed to publishing the request in the online Trade Mark Journal for a period of two months stating the details of the mark, the date and number of the application, the proprietor’s name and contact details, all the goods and services involved, information about the priority claim, and the trademark representation.
  • If no official objections or oppositions are filed upon completion of the two months of publishing, the Registry will proceed with approval and issuance of the certificate of registration in electronic format within a period of two weeks.  Once the trademark application has been approved and registered, the proprietor may use the ® symbol to indicate the registration and ownership of the trademark.

At, Arnos we understand that your trademark is the face of your business and therefore, its prosperity is highly dependent on its security and legal standing.  Our qualified legal team, has the necessary skillset, experience, and resources to ensure that all the necessary steps are taken to in order to guarantee your business’s protection against unauthorized third-party usage and violations on a national, European, and multinational levels.  We will not only assist you with the application process but can also legally defend your rights and trademark during and post registration in case of opposition by a competitor or if an accusation of violation is ever submitted against your enterprise.  Contact us today, and our proficient consultants will address any query you have with professionalism and confidentiality.

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