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The average time frame for the registration approval is 4 months, if no objections or oppositions arise.
When you register your trademark in the UK, it will be protected in Wales, England, Scotland, Northern Ireland, the Isle of Man and the Falkland Islands.
No. It is not a filing requirement and will not be needed during prosecution.
Yes. There are a number of benefits from pre-filing use:
- Show distinctiveness of mark
- Dismiss oppositions based on non-distinctiveness
- Invalidate a similar registered mark if use is earlier than the date of its application
- Establish reputation and obtain better protection
Yes. Not using your trademark makes it vulnerable to cancellation or revocation.
Registrable marks are those that can be interpreted graphically and can make the business distinct from its competitors: words, slogans, names, devices, sounds, scents, holograms, motions, touch, taste, 3-dimensional shapes and colors.
The application will go through 3 phases:
- Examination – The application must comply with respect to formalities, classification, descriptiveness, distinctiveness and clarity.
- Publication – The filing details will be posted online including the mark itself, goods/services involved, applicant’s name and address, date and number of application, information about priority claim, and the trademark’s representation.
- Registration – After the prosecution, and if no opposition was filed, the issuance of registration will come next.
This jurisdiction prohibits the registration of the following:
- Marks that go against standards of moral or marks that interfere with public order
- Words or terms that have a broad meaning
- Marks that represent the Royal Family
- Applications made in bad faith
- Words that are illegal in the UK
- Marks that does not show distinctiveness
- Marks that are deceptive
- Unauthorized use of flags/symbols/names of international organization and states/nations
- Marks that serve as names of geographic location
Yes. United Kingdom uses the Nice Classification system.
No. The withdrawal of the United Kingdom from the European Union due to Brexit became effective as of February 1, 2020.
Yes. You may claim priority in this jurisdiction when you meet the following requirements:
- The date of the application in your home country does not exceed 6 months from the date of application in this jurisdiction
- Your home country must be a signatory of the Paris Convention
This jurisdiction requires that you use your registered trademark within 5 years from the date the registration process was completed. This is calculated from the date your registration was published in the Trade Marks Journal. Use must take place in this jurisdiction and number of use can be minimal.
Validity of registered trademarks in the UK lasts for 10 years starting on the date of application.
Renew your trademark 10 years from the date you filed your application.
Yes. You can legally use your mark even if it’s not yet registered.
Yes. You have to register first your trademark before you can obtain any right.
Access the website of the trademark national office at: https://www.gov.uk/government/organisations/intellectual-property-office
Yes. You must be actually using the mark or you must intend to use the mark in order to apply for registration.
Your application may be opposed on the grounds of: proprietary rights, breach of copyright, marks proven to be non-registrable, application in bad faith, and any mark that go against the UK law.
Anyone can object to your registration.
Yes. The following are grounds for cancellation of a registered mark:
- Mark is proven to be unregistrable (refer to list of non-registrable marks)
- Proprietary rights
- Breach of copyright
- Non-use
- Violation of rights of registered and unregistered designs
- Violation of rights under Article 6septies, Article 6bis and Article 6ter of the Paris Convention
- Bad faith
Yes. As owner of a registered mark, you will enjoy the following rights:
- Exclusive rights to use and benefit from the mark
- Right to oppose and request the cancellation of conflicting applications
- Right to formally appeal to court against third parties that use identical mark
- Right to obtain damages from third parties that are guilty of infringement
- Right to give license to other businesses to use the mark
- Right to request for the confiscation of counterfeit goods from customs authorities
The opposition period starts on the date the application is published in the Trade Marks Journal and it will end two months after the date of that publication. This time period can be extended by another month when a request for extension is granted.
Yes. The UK is a member of the international treaty, Madrid Protocol.
No, it is not required to present periodic statements of use.
Renewal of trademark must be done every 10 years.
Renew your trademark 10 years from the date you filed your application.
No. Documentation is not necessary for the renewal of registered trademarks.
When your trademark expires, you still have 6 months to renew it.