Trademark Registration in UK
The United Kingdom allows trademark rights to the first business or individual to file a
trademark application. While you may have some rights to your mark simply by using it in the
UK, those common law rights are very limited and may be challenging to prove in court. The
UK follows the First-to-file registration system. These occur when a person with ill intent
files for trademark registration with the intent to ransom the mark of its rightful owner at
a much higher price. Because of this, it is wise to consider filing your mark with the UK
Intellectual Property Office as soon as possible. It is important to note that in the United
Kingdom, it is possible for a person to obtain registration for a mark, even if a similar
mark exists. During the registration process, an examiner at the IPO will review the
trademark application and notify owners of similar marks of its status. Those owners, then,
may choose to ignore the notification, allowing the new mark to obtain registered status, or
to file an opposition with the IPO. These oppositions, however, can be both costly and
time-consuming. Therefore, it is wise to complete a comprehensive trademark search before
filing with the IPO, to ensure that a similar mark has not already been registered in the
Responsibilities of trademark owner :
As a trademark owner, it is your responsibility to actively monitor and police the
use of your mark within the United Kingdom.
This can be a tedious task, but many trademark attorneys offer monitoring services
for trademark owners, to make the process more manageable.
If possible infringement is found, you must take the legal action granted to you as a
trademark owner. Also, if you are contacted by the IPO about a similar mark’s
registration, file an opposition as soon as possible to ensure you maintain
exclusive control of the mark.
As long as you continue to use your trademark in the UK, the registration will not
expire. However, to maintain ownership of the mark, you must renew your registration
every 10 years.
What Can Be Trademarked?
A name including personal or surname of the applicant or predecessor in business or
the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of
the goods / service. For example Google is a word which has been
Alphanumeric or Letters or numerals or any combination thereof. For example 555
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in
Sound marks in audio format. For ex the sound in the ad jingle.
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including
It is preferable that you apply for the trademark as an individual. In a case of a proprietor
or company, if you close or change the name of the business, your trademark will become
invalid. However, in a case of an individual, this problem won’t arise.
Trademark Law in UK
The United Kingdom trademark law protects the use of trademarks in the UK. A trademark is a
way for a person to distinguish themselves from another. In the world of business, a
trademark gives a product or organization with an identity that cannot be imitated by its
competitors. In UK law, as in most common law countries oIn the United Kingdom, the relevant
legislation is the Trademarks Act 1994. This Act implements European Directives that create
a uniform framework for Trademarks across the European Union. The owners of a trademark can
rightfully defend their mark against infringements. To do so, the trademark must either be
registered or have been practiced for a while so that it has received local distinctiveness
The extent to which a trademark is defendable depends upon the similarity of the trademarks
included, the similarity of the products or services included and whether the trademark has
A registered trademark is comparatively simple to defend in a court of law. An unregistered
trademark relies on the law of passing off.
The Trade Marks Act 1994 says that “a person infringes a registered trademark if he/she uses
in the area of trade a sign which is identical with the trademark about goods or services
which are same with those for which it is registered”. A person may also infringe a
registered trademark where the sign is the same and the goods or services are the same to
those for which the mark is registered and there is a possibility of confusion on the part
of the public as a result.
Procedure For Trademark Registration
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that unique logo name filed is available or not, Trademark Search is
executed by experts.
Select Appropriate Class
Depending on nature of your products, we shall suggest the appropriate class of the
Trademark Application filed
We create your Trademark application in 3 days and get your TM number.
Trademark registration completed
Your trademark is registered in 1.5 2 years if no competitor objects to your
Steps to Register Trademark in UK
- Step 1: Search
Before filing a trademark application form, a search must be done online to see if
there are any existing or alike logos or names.
- Step 2: Filing your application
To file your UK trademark application the application must include a Trademark name,
copy of the logo, Name, and Address of company, List of the goods and services used
by your trademark.
- Step 3: Examination
Your UK trademark application is being examined and your application is examined. The
Examiner circulates a notice if there any objections from the office.
- Step 4: Publication
The trademark is published in the online UK Trade Mark Journal where it is given 2
months for an opposition period.
- Step 5: Registration
The UK IPO circulates a registration certificate 2 weeks after the end of the
opposition period. Once the UK trademark process is completed the ® symbol is
applied to indicate your trademark is registered.
What Is Included In Our Package?
Name search & approval
Same day Filing
|Trademark Consultancy on Class and Availability
|TM Application Filing + Drafting (Our Fees)
||$ 499 + Govt. Fees
Trademark Search in UK
Trademark search must be met before filing a trademark application to find possible
disagreements with existing trademark applications or registered trademarks. You can do a
trademark search by providing the word mark and the class under which the search is to be
done. Trademark application is organized under 45 different classes as per the NICE
classification for trademark. All of the trademark class describes a different set of goods
and services. In case you need to find the trademark class for a good or service, you can
use our trademark class finder tool. Trademarcart will offer an easy way to perform a
trademark search through this online tool
Search you trademark in 3 simple steps:
Complete our trademark form.
We will generate your Trademark application
Final Wrap-Up of your Trademark Order.
UK Trademark Infringements
The following trademark violations are cited in the Trade Marks Act 1994:
Section 10(1) Trade Marks Act
An unauthorized third party utilizes a mark that is identical to a registered
trademark and placed on like-for-like goods and services. It must be printed without
modification – even minor modifications unnoticeable from the common consumer’s
perspective will be viewed identical for trademark infringement.
Section 10(2)(a) & (b) Trade Marks Act
Where an unauthorized third party places an identical registered trademark on similar
goods and services or a similar trademark on identical goods and services, thereby
creating confusion as to the origin of the goods or services and the possibility of
an association between the two trademarks.
Section 10(3) Trade Marks Act
Where an unauthorized third party uses an identical or similar trademark on goods or
services which are not similar, benefitting from the registered trademark’s existing
UK reputation and gaining an unfair advantage; and operating to the detriment of the
registered trade mark’s character.
Registered & Unregistered Trademarks Rights
||Registered Design Rights
||Unregistered Design Rights
|How do I protect my design?
||You will need to submit an application prior to your design coming onto the
||No formal registration procedure is required (or possible), it comes into
existence automatically upon creation of the relevant design
|What type of protection will I have?
||Protection is given to the overall appearance of the design, excluding features
dictated by technical function
||Exclusive rights against anyone copying your design which includes both
functional and aesthetic aspects
|How long will I be protected?
||Protection for 25 years from the date of filing, at most
||15 years protection, or 10 years from when the product is first put on sale –
whichever is the shortest
|Do I need to renew?
||Yes, every 5 years up to a maximum of 25 years
||In order to enforce rights, there is no need to prove that your design was
||You must prove your design was directly copied in order to enforce rights and to
prove that you are the owner, keep all records and documentation from when you
created the design.
|What about protection in other countries?
||UK protection can extend to certain countries
||Protection is only available in a very small number of countries
FAQs on Trademark Registration
A trademark is something like a word or sign that allows customers to classify
goods or services as originating from a particular source, even though they may
not know the source’s identity.
The process to get trademark registration done in UK is easy to understand.
Filling the application, provide it for publication and get a trademark
registration certificate. Our expert team will guide all the documentation and
processing of the trademark registration system.
You can contact our team for comprehending the cost of the trademark
registration in UK. Even you can call us on +1-646-980-2377.
The process to get trademark registration in UK is Feasibility Check, Client
Signup, Trademark Filing, Application Monitoring and Trademark Certificate.
The documents required to get trademark registration in UK is Name and address
proof, copy of trademark and Letter of power of attorney.