Register a Trademark in the United Kingdom2018-08-22T22:49:07+00:00
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Register a Trademark in the United Kingdom

Register a trademark in Canada
Register a trademark in the US
Register a trademark in the EU
Register a trademark in Australia

The UK is one of the easiest and quickest countries to obtain trademark registration and the UK Trademarks Office is super-efficient and fast. Many Amazon sellers file in the UK as it allows them to get into the Amazon Brand Registry faster (note: a UK trademark is not a substitute for the US and will not protect you in the US).

Important highlights about the UK registration process:

  • Your trademark is reviewed on absolute grounds and it can be refused if the mark is descriptive or deceptive
  • One of the biggest differences between the UK and US, Canadian and Australian systems is that in the UK your trademark will not be refused if there is a similar mark
  • To stop a similar trademark one has to file a trademark opposition and that’s why monitoring the UK trademark database is extremely important
  • No use or specimens of use are required to register a trademark in the UK
  • Trademark registration process is about 3-5 months if everything goes well.

We work with a few trusted UK representatives and associates.

Pricing of Our Packages

The prices are in US$ for the UK

SAIL THROUGH

$395
  • Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

ALL IN

$745
  • Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.

BELLS AND WHISTLES

$1095
  • Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.

Details about pricing packages

Government fees are not included in our packages and are extra

Upgrades

Upgrade 1

$350
  • Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$700
  • Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package

Upgrade 3

$350
  • Upgrade “ALL IN” package to “BELLS AND WHISTLES” package

FAQ

What is the difference between a UK and EU trademark?2018-09-19T16:31:00+00:00

A UK trademark only protects you in the UK, which consists of England, Scotland, Wales and Northern Ireland. There is no protection outside of the UK. A UK trademark is filed in the UK Intellectual Property Office (UKIPO).

A trademark filed in the EU Intellectual Property Office (EUIPO) is called an EU trademark (formerly known as a CTM (Community) trademark).

EU trademark protects you in the 28-member countries of the EU making it a very strong trademark.  Current EU countries are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

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Why is it important to monitor newly filed trademarks in the EU and the UK?2018-09-01T22:08:13+00:00

Trademarks Office in the EU  and the UK will not refuse your trademark if there is a prior filed or previously registered similar trademark.

Instead the Trademarks Office in the EU and the UK only looks at absolute grounds (i.e. if the mark is deception or descriptive, it may be refused).

However, if there is a similar trademark, it will not be refused by the Trademarks Office. Instead, owners of similar trademarks may oppose during the 3-month opposition window in the EU and during the 2 month opposition period in the UK.

One of the main reasons one may file an opposition is confusion with an earlier trademark. Opposition proceedings offer an owner of an earlier trademark the right to oppose the registration of a trademark that could endanger his/her business.

By monitoring the EU Intellectual Property Office database or the UK Intellectual Property Database, you will ensure that you will timely see newly filed EU / UK trademarks and will be in a position to oppose in time. Ask us about the monitoring service.

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Do I have to use my trademark in the UK prior to filing? Do I have to use my trademark after registration?2018-08-04T22:46:09+00:00

In the United Kingdom, no use is required in order to file an application. In fact, you don’t even need to specify any use dates. No use is required in order to obtain a trademark registration.

To maintain your trademark, it must be put to use in the UK within 5 years of registration. If the trademark has not been used and there is no good reason to justify non-use, for five years or more, then the registration may be cancelled.

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Can I use my trademark if it isn’t registered?2018-08-04T22:14:41+00:00

It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement.

To minimize the risk of choosing a trademark that’s similar to another name, you should do a trademark search of the Trademark Office database of the country where you plan to use your brand  and of the marketplace (check on Internet for similar names usage).

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How long is a trademark opposition process?2018-08-13T15:47:02+00:00

In different countries trademark opposition process is different.

In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose.

In Canada, one has to file a trademark opposition within a 2-month period.

In the UK, an opposition period is 2 months but can be requested to 3 months upon a request made by a party that intends to oppose.

In the European Union, a notice of opposition must be filed within 3 months following the publication.

In Australia, the opposition period is 3 months from the date of publication.

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Should I file my logo in color in the UK?2018-08-04T12:42:14+00:00

If filing for a logo in the UK, one has to file the logo in a specific color unlike the US and Canada where filing in black and white covers all colors.

Up to 6 color variations are allowed. You can include 2 color variations for free; the government fee for each extra variation is GBP 50 (we don’t charge anything extra).

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UK Trademark registration process2018-08-04T12:42:34+00:00

How to register a trademark in the UK?

Step 1: Search

Prior to filing a trademark search should be done. It can be ordered online on our website.

Please contact us with your trademark and a list of goods and/or services of interest and we will do a free trademark search for you.

Step 2: Filing your application

In order to file your UK trademark application, we need:

  • Trademark name
  • A picture of your trademark logo (.jpg image is preferable);
  • Applicant’s name and address (this may be an individual, two individual or a legal entity, such as a Limited Liability Partnership (LLP) or a company);
  • A list of the goods and/or services in relation to which your trademark mark is used or intended to be used. Don’t worry about sending an exact list. A description in your own words is enough.

If your application claims priority from a corresponding foreign trademark application, please provide the filing date, application number, and country of first filing.

Your trademark will be submitted electronically after you approve it.

An official filing receipt is issued by the UK IPO (UK Intellectual Property Office) 2-4 days after filing. The filing receipt confirms the filing date and assigns an application number.

Step 3: Examination

Your UK trademark application will be reviewed within 5-15 days.

Your application is examined on the following grounds:

  1. Relative grounds – the Examiner conducts a search of earlier trademarks with effect in the UK and informs UK applicants if he/she finds that your trademark is close to a previously filed or registered trademark. Note your trademark will not be refused by the Trademark Office if there is a similar mark; and
  2. Absolute grounds – the Examiner determines whether the trademark is descriptive or non-distinctive. The Examiner will examine your mark to make sure it’s not offensive or immoral.

The Examiner may also ask additional questions, like asking to re-specify the goods/services if they were not clear.

If an examination objection is raised, the Examiner will set a period for the applicant to respond.

Step 4: Publication

Once the examination stage is completed, the application will be published in the online Trade Mark Journal. Within a two-month period, third parties have an opportunity to file an opposition based upon prior registered or unregistered rights.

The most common ground for an opposition is confusion with a prior filed or registered trademark.

Some other grounds are descriptiveness and bad faith.

About 5% of all applications are opposed, so it’s not something you should really worry about.

If a third party is concerned, they will usually request to extend the opposition period by one month and try to resolve the situation amicably.  In many instances, oppositions may be resolved by a simple modification of goods/services (for example, by limiting them). Many cases are resolved without a formal opposition.

Step 5: Registration

Two weeks after publication, the UK IPO will issue a paper registration certificate. It is mailed to the agent of record. It is important to keep your registration certificate safe because it is not possible to request further copies of the original certificate.

The registration certificate confirms the registration details and registration dates.

Once the UK trademark application has registered you may use the ® symbol to indicate that your trademark is now registered. Please do not use ® symbol before registration.

You may also wish to state “[YOUR TRADE MARK] is a Registered UK Trade Mark of [PROPRIETOR]”. This alerts others to your rights and can act as a deterrent.

Note: in the UK one refers to a “trade mark” (two words) whereas in the US and Canada it is “trademark” one word. For simplicity and consistence, we refer to a “trademark”, rather than a “trade mark”.

Next step: Renewal

A UK trademark registration can last forever, but it has to be renewed every 10 years. A UK trademark registration can be subject to action for revocation for non-use, five years after registration.

 

Check out this cool Infographics – UK Trademark Registration process

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How long does it take to register a trademark?2018-08-13T16:20:52+00:00

It takes a minimum of 8 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It’s not uncommon for a registration to take a year or longer.

It takes 20 months to register a trademark in Canada. It’s painfully slo-o-ow. Don’t ask us why. We don’t know the answer. We feel your pain though. Hopefully, once Canada joins Madrid protocol things will improve.

You will have to wait for about 7.5 months to register a trademark in Australia.

In the European Union, the registration process is about 6-7 months. Not so bad, but the government fees are very high. If your application is filed using “fast-track” method, then the whole process may take about 4-5 months.

The winner is the United Kingdom, where it takes about 4 months from filing to registration. Added bonus is low government fees.

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How long are trademarks valid for?2018-08-04T12:51:27+00:00

Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing.

In the US, you must renew your trademark every 10 years. In addition, between the 5th and 6th year after the registration date, you must file an “affidavit of use” to keep the registration alive.

In Canada, a trademark has to be renewed every 15 years (the renewal period will be changed to 10 years soon).

In Australia, European Union and the United Kingdom, you have to renew your trademark every 10 years.

 

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Articles

Register a trademark in Canada
Register a trademark in the US
Register a trademark in the EU
Register a trademark in Australia
Anita photo

Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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