The UK’s trademark regulations are consistent with the rest of the EU. Though an unregistered trademark that has been in use for a long time and has built its goodwill is considered, registering a trademark in the UK is strongly preferred. The Trade Marks Act 1994, Trademark Rules 2008, EU Trademark Regulations, and other laws control trademark rules in the United Kingdom. Various trademark conventions may also be relevant.
Trademark registration in the United Kingdom
In the United Kingdom, registered trademark protection can be secured by one of three methods:
- Application filed at the UKIPO to obtain a UK trademark registration;
- Application filed at the EUIPO to obtain an EU trademark registration; and
- Application filed at WIPO to obtain an international registration designating the UK and the EU.
Section III obtains registration with the UKIPO, the authority in charge of intellectual property problems in the United Kingdom. The application price is £170, plus £50 for each additional commodity or service. The application should include the mark applied for, the products and services stated in the Nice Classification class order, and the proprietor’s name and address. A service address in the European Economic Area must also be given. When an applicant claims priority under the Paris Convention, the essential information of the priority applications should be included.
Trademark Registration Process in the UK
First, the UK Government has to file the trademark application at the Intellectual Property Office (IPO).
Applicants not in the UK must provide an address in the United States or the European Economic Area (EEA). Multi-class applications are possible.
The application process includes an official search, examination, publication, and trademark registration. The examination results will be issued within 5 to 15 days after filing, and after the period to oppose, the IPO will register the trademark two weeks after.
The processing time from first filing to registration is approximately 4 to 6 months.
Period to oppose
Third parties affected by the trademark application can file an opposition within two months from the date of publication in the Trademarks Journal, which is updated every Friday. Although the period to oppose can be extendable to 3 months.
Trademark validity
Trademark registration is valid for 10 years from the date of application and renewable for 10 years. The renewal application process can be done 6 months before the expiration date. However, if the registrant fails to file the renewal on the due date, they still have a period of 6 months after the trademark’s expiration to finish it; the official fee includes a surcharge known as a late renewal.
If the trademark expired more than 6 months ago, the registrant could not renew it online, only by post.
Requirement of use
In the UK, a trademark can be revoked for non-use during the last 5 years from the registration date.
Our Intellectual Property services:
Currently, Brealant provides trademark registration in the United Kingdom. For inquiries about copyright registration as well as patents, please get in touch with us. Below you will find information about the registration process and some related procedures, such as opposition, validity, and requirement of use.
Our costs
The registration costs, besides the application filing cost, also include the prior trademark research, the documentation preparation, the appointment of Brealant to act as your registered agent, and the process monitoring and following up.
Please contact us if you wish to know the costs for other services.
COST: £170 application fee + £50 additional class fee
The total includes the governmental fee for the filing as well as our service fee. Search is free of charge.