Trademark Registration UK 2019-11-11T08:09:00+00:00

Trademark Registration in United Kingdom. Register your trademark name, slogan, or logo today

We make it easy to trademark a name, logo or phrase

  • Quick and easy online questionnaire
  • We’ll search the federal database for direct-hits
  • Preparation & filing of your trademark application
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+1-646-980-2377

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?

Who Can Apply For Trademarked ?

 

Any person or business claiming to be owner can apply for a trademark including :

  • Individual

  • Company

  • Proprietor

  • Society

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 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 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

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:

Step 1
Complete our trademark form.
Step 2
We will generate your Trademark application
Step 3
Final Wrap-Up of your Trademark Order.

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 submit an application prior to 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 In order to enforce rights, there is no need to prove that your design was exactly similar. 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

Testimony

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Trademark Cart is the best in the business! They are very reliable and care tremendously about their clients. I recommend their trademark services. You will not be disappointed at all!

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Will Murphy

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Trademark Cart helped me obtain my trademark hassle free! Great group of people to work with! Timely, efficient, considerate, and very informative!

Jessica Whitefield

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It was an absolute pleasure to work with Trademark Cart. I appreciated all the help and guidance. It is rare to find such superior services for such a reasonable fee.

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Kabir Khattar

Frequently Asked Questions

What is trademark?
How to get trademark registration done in UK?
How much trademark registration cost in UK?
What is the process to get the trademark registered in UK?
Which documents are required to get trademark registration in UK?
What if I want to trademark my nonprofit, social media group or social club?
What is a trademark and why do I need it?
What’s the difference between copyright, patent, and trademark?
What is a common law trademark and why do I need to apply for trademark registration in United Kingdom for my mark?
What makes a good name?
What information will I need to provide for trademark registration in United Kingdom?
What are the different kinds of Mark?
Why there is need to search for a similar trademark registration in United Kingdom?
What is the difference between use and intent to use?
Why is trademark a name or logo?
I was allowed to incorporate with my name, why is that not enough?
How do I decide which category to use?
How to choose the Right category?
How to decide what description to use?
How to describe your goods and services?
I have my domain, so why do need a trademark registration in United Kingdom?
What are the benefits of Trademark registerion in India the mark?
Is there any need to register the web address or the plural version?
Do I need to register my slogan?
How long does the process will take after I submit my mark for trademark registration in United Kingdom?
Why would I want to disclaim the part of my trademark registration in United Kingdom?
When would you need to choose the disclaimer?
How do I apply to trademark registration in United Kingdom for my band name?
Can I apply for trademark registration in United Kingdom for my birth or surname?
Can I trademark my written work?
How do I apply to trademark registration in United Kingdom for my fashion brand?
Do I identify the software as goods or services for a trademark registration in United Kingdom?
What is the Supplemental Register?
What is the validity of Trademark registration in United Kingdom?
How much time does it take from trademark registration in United Kingdom?