Trademark Registration in United Kingdom. Register your trademark name, slogan, or logo today
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Nike
Adidas
Coca-Cola
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 UK.
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?
Name
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubhai Ambani can be trademarked.
Word
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Numbers
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Images
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound
Sound marks in audio format. For example, 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 :
Individual
Company
Proprietor
Society
You should 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 the 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 (Prior Rights).
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 gained distinctiveness.
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 as 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
You need to fill our simple online trademark application form & submit documents.
To make sure that the unique logo name filed is available or not, Trademark Search is executed by experts.
Depending on the nature of your products, we shall suggest the appropriate class of the 45 classes
We create your Trademark application in 3 days and get your TM number
Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application
Steps to register trademark in UK
What Is Included In Our Package?
- Consultation
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
| Service | Cost |
|---|---|
| Trademark Search | Free |
| Trademark Consultancy on Class and Availability | Free |
| TM Application Filing + Drafting (Our Fees) | $ 499 |
| Total Cost | $ 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:
UK trademark infringements
The following trademark violations are cited in the Trade Marks Act 1994:
Registered & Unregistered Trademarks Rights
| Basis | Registered Design Rights | Unregistered Design Rights |
|---|---|---|
| How do I protect my design? | You will need to apply before your design coming onto the market | 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 | No |
| Protection rights | To enforce rights, there is no need to prove that your design was exactly similar. | You must prove your design was directly copied 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 |
Testimony
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