Trademark Registration in United Kingdom. Register your trademark name, slogan, or logo today
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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?
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 trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
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 :
- Limited Liability Company
- Limited Partnership
- Joint Venture
- Sole Proprietorship
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 (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
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
|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:
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
|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|
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Frequently Asked Questions
- Trademark: Business and item proprietors petition for a trademark. It ensures a name, word, motto, image, outline, or potentially picture recognizing a business or mark and recognizing it from others in a similar field.
- Copyright: It can be looked for by creators, craftsmen, choreographers, draftsmen, and other creative experts. While a thought can't be copyrighted, the tangible form of a thought can be. This incorporates unique works of origin, photos, models, choreography, building works, sound chronicles, movies, and other innovative works.
- Patent: Innovators and designers file for licenses. A patent secures inventions with another or enhanced capacity. This incorporates machines, procedures, or substance pieces, or the plan for some item.
- Across the nation security
- The assumed legitimacy of the mark in the event that you need to sue
- Extra cures in court
- May expand the reputation of your organization
- Registration with the authority will dishearten others from attempting to utilize your mark
- Generic Generic terms, which will never be equipped for Registration. A Generic expression is a term, the importance of which is synonymous with the products (or services) themselves. Such nonexclusive terms are unequipped for recognizing the products or services of one substance from those of another
- Descriptive A mark is descriptive on the off chance that it is descriptive of: the nature or quality of the merchandise; the planned reason or capacity of the services; or the end impact upon the client. However, these terms cannot get Federal Registration unless, over a time of years, the terms have obtained an extraordinary, identifiable significance in the brains of the public (that is, an "optional importance"
- Suggestive A "Suggestive" mark is one which only recommends some quality or characteristic of the services. On the off chance that the mark is resolved to be suggestive, and non-descriptive, the mark is qualified for Federal Registration and to the same security as a "distinctive" mark. You should bend over backward to create arbitrary and fanciful Trademarks. Suggestive terms make for exceptionally frail trademarks and ought to stay away from at whatever point conceivable.
- Distinctive or Arbitrary or Fanciful Usually, the most effortlessly Registerable and protectable mark are those which are viewed as "distinctive". Between the two extremes lie "Suggestive Marks" and "Descriptive Terms". Descriptive and generic terms ought to never be utilized as trademarks. An exertion ought to be made to stay away from use in the trademark of terms which have a particular significance in the pertinent business since such terms tend to make a mark either descriptive or suggestive.
- The actual mark you want to use.
- The date you first use used the mark in commerce.
- The date you first shared the mark anywhere.
- Copy of the proof which shows you are using the particular mark in commerce.
- The full official and legal name of the owner of the mark.
- Trademark It refers to the name, logo, or slogan related to the sale of goods.
- Service Mark It refers to the name, logo, or slogan related to the services.
- Determine whether you are selling goods or services.
- Focused on the finished product to the consumer, not on the ingredients of goods and services.
- Try to be accurate as possible because if you file in the wrong class it may become the reason for the rejection of your application by authority.
- From TrademarkCart’s drop-down menu select the most accurate category.
- Don’t be too narrow or too broad because it might become the reason for the rejection of your application.
- Do not use the phrase such as:
- Such as
- Avoid repeating the broader category name.
- Avoid the terms that fit into multiple categories.
- Try to use simple English.
- When your mark will be registered it will protect it nationwide.
- When your mark will be registered it will protect it nationwide.
- You will receive the right to the exclusive use of the mark nationwide.
- It will stop or restrict other to use your mark.
- You will receive the right to use the symbol of the Registered trademark.
- Well known symbols
- Compressed compound wording
- Informational words
- Merely descriptive words
- Generic words
- Geographic terms
- Misspellings from telescoped words
- Foreign wording
- Multiple words disclaimer.
- Entertainment service
- Sound recording
- Utilize the ® image
- Put others on seeing that you are as of now using the mark
- File a trademark encroachment suit in a government court
- Keep others from getting confusingly comparable marks from the authority - even on Principal Register.