Yes. You have to register first your trademark before you can obtain any right.
No, it is not required to present periodic statements of use.
Yes. The UK is a member of the international treaty, Madrid Protocol.
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. 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
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
- 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
Anyone can object to your 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.
Yes. You must be actually using the mark or you must intend to use the mark in order to apply for registration.
Access the website of the trademark national office at: https://www.gov.uk/government/organisations/intellectual-property-office