When should I not file my trademark in the UK?

Sometimes filing your trademark in the UK is not recommended.

  1. You should not file your trademark in the UK when a trademark search has not been done.
  2. If your trademark is generic or descriptive and lacks unique elements, please save your money and do not file your trademark in the UK.
  3. When you want to achieve protection in another country. Remember that trademarks are jurisdictional, so a trademark in the UK will be useless in the US.
  4. When a trademark search uncovered a very similar trademark for similar goods. In this case, the risk of opposition is higher, so you should decide if you want to file keeping in mind the increased risk of trademark opposition.
  5. When you have a done a trademark search and found an identical or similar trademark. In this case, please consider changing the trademark name to avoid a trademark opposition.

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