Summary of the guide:
- Laws relating to Trademark in United Kingdom
- Trademark registration process in United Kingdom
- How long does it take to get a trademark registration in United Kingdom?
- Examination criteria for trademarks in United Kingdom
- Costs for trademark registration in United Kingdom
- How long is a trademark protected for?
- When does the protection of a trademark in United Kingdom start?
- What trademark classes are available in United Kingdom?
- What are the documents required for trademark protection in United Kingdom?
- What are important deadlines for trademark protection in United Kingdom?
- Are international trademarks available in United Kingdom?
- National Vs International trademark in United Kingdom?
- Local tips for trademark registration in United Kingdom
- Service level guarantee for trademark registration in United Kingdom
Laws relating to Trademark in United Kingdom
In the UK, the laws relating to trademarks are primarily governed by the Trade Marks Act 1994 (Chapter 26, updated on August 13, 2021) which sets out the rules and regulations for the registration and protection of trademarks.
Trademarks are registered at the UK Intellectual Property Office (IPO).
Trademark registration process in United Kingdom
A smooth trademark registration generally passes through three phases:
Filing – you file the trademark at the Intellectual Property Office “IPO”.
Publication – after the end of the examination period, the application will be published in the online Trademark Journal for 2 months (60 days).
Registration – is no official objections are raised after the publication, the trademark will be finally registered, and a certificate of registration will be issued by the UKIPO.
After filing a trademark at the trademark office, and settling official fees relating to filing the trademark, the examiners at the Intellectual Property Office (IPO) will examine the trademark application. The examination process usually takes 4-6 months.
How long does it take to get a trademark registration in United Kingdom?
It takes between 4-6 months to receive a trademark registration certificate.
Examination criteria for trademarks in United Kingdom
The examination criteria are both on absolute grounds and relative grounds:
Absolute grounds for trademark refusals in the UK are:
Trademarks that are devoid of any distinctive character.
Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
Trademarks that are contrary to public policy.
Trademarks that are contrary to public morals and ethics.
Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
Trademarks that are similar to or resemble symbols of a purely religious character.
Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.
Relative grounds for UK trademark refusals
Assess whether a trademark application filed in the United Kingdom may confuse due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in United Kingdom
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Official fees for trademark registration
In the UK the total official fee for trademark registration is USD1,330.
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in United Kingdom start?
Trademark registration is valid for 10 years calculated from the filing date. To maintain protection after 10 years, a brand owner should renew the trademark by filing a renewal application.
What trademark classes are available in United Kingdom?
The UK follows a multi-class trademark system, which allows applicants to file a single application for registration of a trademark in multiple classes of goods or services.
An applicant can protect a trademark on all 45 classes. The UK trademark system is a multi-class system, but there is a limit of 3 classes per application.
What are the documents required for trademark protection in United Kingdom?
A Power of Attorney
To protect your trademark in the UK you will need a power of attorney.
If you are a resident or a national of the United Kingdom (UK), then the power of attorney should be notarized.
If you are not a resident nor a national of the United Kingdom (UK), then the power of attorney should be legalized before you file your application.
Trade License / Commercial Certificate / Certificate of Good Standing:
To protect your trademark in the UK you will need a copy of the trade license
If you are a resident or a national of the United Kingdom (UK), then a copy of the trade license is sufficient.
What are important deadlines for trademark protection in United Kingdom?
It is recommended to file for renewal between six months and one year before the expiry date of the trademark registration.
Are international trademarks available in United Kingdom?
An international application can designate the United Kingdom.
If you want to register your trademark internationally and target specific countries, you can designate the United Kingdom through an international application, which you will have to go through a trademark registration process in the United Kingdom.
National Vs International trademark in United Kingdom?
Besides the length of time to receive a certificate, there is no substantial difference between national and international trademarks designating the UK.
Local tips for trademark registration in United Kingdom
Submit a clear and distinctive representation of your trademark to facilitate the examination process. This can include a logo, a wordmark, or a combination of both.
Choose the correct trademark class(es) for your products or services to avoid any potential issues with your registration.
Service level guarantee for trademark registration in United Kingdom
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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