Overview of United Kingdom Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 7 minutes.

United Kingdom Trademark Registration

A La Carte Trademark Registration Package $399 USD + govt fee

(285.19 Pounds)
  • In the A La Carte Package, it includes limited pre-filing review without conflicting mark search of your trademark. A central project manager at LegalForce will be assigned especially for you who will answer your questions and coordinate with you each step of the way. An international attorney who is specialized in trademark law in United Kingdom will coordinate with foreign counsel. You will pay as you go, meaning that whenever there is an action in your trademark application, you will be given an estimate for response, and we will collect funds prior to taking your mark to the next stage next stage. Because the trademark filing process is highly variable, this modular approach allows you to budget as your business and brands develops over time.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

As the dominant industrial and maritime power of the 19th century, the United Kingdom of Great Britain and Ireland played a leading role in developing parliamentary democracy and in advancing literature and science. At its zenith, the British Empire stretched over one-fourth of the earth's surface. The first half of the 20th century saw the U.K.'s strength seriously depleted in two world wars and the Irish republic withdrawal from the union. The second half witnessed the dismantling of the Empire and the U.K. rebuilding itself into a modern and prosperous European nation. As one of five permanent members of the UN Security Council, a founding member of NATO, and member of the Commonwealth, the U.K. pursues a global approach to foreign policy. It currently is weighing the degree of its integration with continental Europe. A member of the EU, it chose to remain outside the Economic and Monetary Union for the time being. Constitutional reform is also a significant issue in the U.K. The Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly were established in 1999, but the latter is suspended pending the outcome of peace pfocess.

Who May Apply?

Any natural or legal person who is capable of owning personal property may apply for registration. The person must be using or have a bona fide intention to use the applied-for mark, but use may be by another with the applicant's consent. Two or more persons who are capable of owning personal property may file a joint application. The first applicant is entitled to registration of a mark. However, a prior user who has used a mark sufficiently to be able to stop the applicant under the common law may oppose the application through a passing-off action. Under the International Convention, any person who has applied for protection for a trademark in a country subject to the Convention, any, of the Channel Islands, or a colony, country, or territory where there are reciprocal provisions for the protection of marks, or his legal representative or assignee, is entitled to registration of his trademark with priority over other applicants, provided that the trademark conforms to the provisions of the Trade Marks Act 1994, and provided that the application is made within six months from the date of filing of the first application to register the mark. Priority must be claimed on filing.

What Can Be Registered?

Any sign or indication used as a trademark which can distinguish the goods and services of one trader from those of another can be registered. The trademark must be distinctive for the goods or services for which registration is sought and must be capable of being represented graphically. A trademark may include words, including personal names, letters, numerals, logos, pictures, sounds, smells, colors, forms (such as three-dimensional marks), or any combination of these. The Trade Marks Act 1994 provides for the registration of series trademarks, collective marks, and certification marks, the division of a trademark application into several applications, and the merging of separate applications or registrations for the same mark.

What Cannot Be Registered?

The following may not be registered: "Absolute" grounds of objection: 1. Signs which do not fall within the definition of "trademark; 2. Trademarks which are devoid of any distinctive character; 3. Trademarks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of I goods or of rendering of services, or other characteristics of goods or services; 4. Trademarks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices in the trade; 5. Trademarks which consist solely of the shape which results from the nature of the goods themselves; 6. Trademarks which consist solely of the shape which is necessary to obtain a technical result; 7. Trademarks which consist solely of the shape which gives substantial value to the goods; 8. Trademarks which are contrary to public policy or to accepted principles of morality; 9. Trademarks of such a nature as to deceive the public; 10. Trademarks that are prohibited from use in the United Kingdom by any enactment or rule of law or by any provision of European Community law; 11. Trademarks for which application for registration was made in bad faith; 12. Trademarks which consist of or contain: (a) The Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearings as to be likely to be mistaken for them; (b) A representation of the Royal crown or any of the Royal flags; (c) A representation of Her Majesty or any member of the Royal family, or any colorable imitation thereof; or (d) Words, letters, or devices likely to 1,ead persons to think that the applicant either has or recently has had royal patronage or authorization. The marks in a-d above may not be registered unless it appears to the Registrar that consent has been given by or on behalf of Her Majesty or, as the case may be, the relevant member of the Royal family. 13. Trademarks which consist of or contain a representation of the national flag of the United Kingdom or the flag of England, Wales, Scotland, Northern Ireland, or the Isle of Man may not be registered if it appears to the Registrar that the use of the trademark would be misleading or grossly offensive. 14. Trademarks falling within the proscribed marks set forth in Article Gter of the Paris Convention. 15. Trademarks which consist of or contain a controlled representation within the meaning of the Olympic Symbol etc (Protection) Act of 1995 may not be registered unless it appears to the Registrar that: (a) the application is made by the person for the time being appointed under section l(2) of the Olympic Symbol etc (Protection) Act 1995 (power of Secretary of State to appoint a person as the proprietor of the Olympics Association Right), or (b) the consent has been given by or on behalf of the person mentioned in paragraph (a) above. "Relative" grounds of objection: Since October 1, 2007, the Registrar of Trade Marks will no longer refuse applications on the basis of an earlier conflicting trademark unless the owner of the earlier mark opposes successfully the new appli~ation.~ Consent: The Trade Marks Act 1994 allows for the registration of a trademark where the proprietor of the earlier trademark or other earlier right consents to the registration. Honest concurrent use: Since October 1, 2007, the provisions allowing registration of marks for which there has been honest concurrent use despite the existence of an earlier trademark or right, no longer apply. This is consistent with the elimination of refusals on relative grounds, as discussed above.

Rights

A trademark may not be registered if (1) it is identical to an earlier trademark and is to be registered for goods or services identical to those for which the earlier trademark is protected, or (2) it is identical or similar to an earlier trademark and is to be registered for goods or services identical to or similar to those for which the earlier trademark is protected, and there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trademark. A trademark which is identical to or similar to an earlier trademark may not be registered if, or to the extent that, the earlier trademark has a reputation in the United Kingdom (or, in the case of a Community trademark, in the European Community), and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trademark. A trademark may not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented: (1) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trademark or other sign used in the course of trade, or (2) by virtue of an earlier right other than those already referred to, in particular, by virtue of the law of copyright, design right, or registered designs. A person thus entitled to prevent the use of a trademark is referred to in the 1994 Act as the proprietor of an "earlier right" in relation to the trademark. Nothing in the Act prevents the registration of a trademark where the proprietor of the earlier trademark or other earlier right consents to the registration. In the 1994 Act, "earlier trademark" means: (1) a registered trademark, international trademark (U.K.), or European Community trademark, which has a date of application for registration earlier than that of the trademark in question, taking into account (where appropriate) the priorities claimed in the trademarks; (2) a European Community trademark which has a valid claim to seniority from an earlier registered trademark or international trademark (U.K.); or (3) a trademark which, at the date of application for registration of the trademark in question or (where appropriate) of the priority claimed in the application, was entitled to protection under the Paris Convention as a well-known trademark, following Article Gbis of the Paris Convention. An earlier trademark also includes a mark for which an application for registration has been made and which, if registered, would be an earlier trademark, subject to its being registered. A registered trademark is not infringed by the use in the course of trade in a particular locality of an earlier right which applies only in that locality. For this purpose, an "earlier right" means an unregistered trademark or other sign continuously used in relation to goods or services by a person or a predecessor in title of his from a date prior to whichever is the earlier of: (1) the use of the first-mentioned trademark in relation to those goods or services by the proprietor or a predecessor in title of his, or (2) the registration of the first-mentioned trademark for those goods or services in the name of the proprietor or a predecessor in title of his; and an earlier right is regarded as applying in a locality if or to the extent that its use is protected by virtue of any rule of law (in particular, the law of passing off). A registered trademark is not infringed by: (a) the use by a person of his or her own name or address, (b) the use of indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or of rendering of services, or other characteristics of goods or services, or (c) the use of the trademark where it is necessary to indicate the intended purpose of a product or service (in particular, as accessories or spare parts), provided that the use is in accordance with honest practices in industrial or commercial matters. A person is not prevented from using a registered trademark for the purpose of identifying goods or services as those of the proprietor or a licensee, but any such use otherwise than in accordance with honest practices in industrial or commercial matters will be treated as infringing the registered trademark if the use, without due cause, takes unfair advantage of or is detrimental to the distinctive character or repute of the trademark.

Filing Requirements

Applications for registration require a completed application form, which may be signed by the agent and must contain the following elements to obtain a filing date: 1. A request for registration of a trademark (the application form itself is deemed to constitute such a request). 2. The full name and address of the applicant. This must be the correct legal name of the applicant, and not, for example, a trading name. If the applicant is a corporate body, the country of incorporation is required. If the applicant is a U.S. corporation, the state of incorporation is also required. 3. A list of the goods or services applied for. While class numbers are not required to obtain a filing date, the application will be unable to progress until the class numbers are supplied. 4. A representation of the trademark. If any of these elements are not present in the application, a filing date will not be granted until all of the elements have been filed at the Registry. The application should indicate any other relevant information, for example, whether the application is for a certification or collective mark, a series of marks and how many of them are in the series, and any other information regarding the mark or type of mark. An application must contain a statement by or on behalf of the applicant, either that the applicant is using the mark or that it is being used with the applicant's consent, or that the applicant has a bona fide intention to use the trademark in relation to the goods or services applied for. The statement appears on the official application form. If the applicant is not based in the U.K. and is not represented by someone based in the U.K., the applicant must provide an address for service within the EC or the EEA. No power of attorney is required. Official fees are payable for each class of goods or services in the application. Priority must be claimed on filing. Details of the date, number, and country of the mark(s) from which priority is claimed must be provided on the application form. A certified copy of the priority application(s) must be filed within three months of filing. An English translation is not routinely required. If a translation is required, the Registry will set a term for its submission. Failure to comply with any of the formal requirements for claiming priority will not affect the validity of the application itself, but it may result in the loss of the priority rights. Prints or copies of a logo trademark are sufficient as long as the representation is clear, precise, self-contained, easily accessible, durable, and objective.

Evaluation & Review

An application for registration of a trademark must'be filed at the U.K. Trade Marks Registry. The application is subject to the payment of the application fee and such class fees as may be appropriate. If there are any deficiencies in the content of the application, the applicant will be notified and given a nonextendable two-month period to rectify the deficiency. If the deficiency relates to an essential filing requirement and it is not rectified within the relevant period, the application is deemed never to have been made. If the deficiency relates to a nonessential filing requirement and it is not rectified within the relevant period, the application is deemed abandoned. The Registrar will examine the application on absolute grounds. There is no examination on relative grounds (see discussion above). Nevertheless, there is a search and notification procedure. The Registrar conducts a search as part' of the examination process and informs both the applicant for registration of the results of the search and also the proprietors (except excluded proprietors) of earlier conflicting trademarks identified, if and when the application proceeds to publication. An excluded proprietor is a proprietor of a U.K. application or registration who has informed the Registrar in writing that he wishes to be excluded from receiving such notifications. Excluded proprietors also include the proprietors of Community Trade Marks and International Trade Marks which have designated the European Community as a whole for protection who have not asked to be notified of such matters by opting-in to receive such notifications. . - - The Registrar's search covers earlier pending and registered trademarks with effect in the U.K., including Community Trade Marks and International Registrations. If it appears to the Registrar that there are absolute grounds for objection, the applicant will be notified and given an opportunity to respond to the objections. A response may consist of one or a combination of the following: an amendment of the application, written arguments, the filing of evidence, and requesting and attending an oral hearing. 1n an &tempt to remove a mark from the Registrar's search, the applicant may restrict his specification. The applicant may make one written submission to support the view that a mark is included on the search report in error. The Registry will not enter into a continuing dialogue on this issue. The initial period for responding to absolute objections is normally three months. If an extension of this period is required, a reasoned request for an extension of time must be filed before the expiry of the period. An official fee is payable in some circumstances. If the applicant fails to overcome the objection(s) or fails to respond before the end of the period specified by the Registrar, the Registrar will refuse to accept the application. If the applicant overcomes the objection(s), the application will be accepted for publication. Once an application has been published, any person may, within three months of the publication date, file an opposition.' The opposition period cannot be extended. Alternatively, at any time before the registration of the trademark, a third party may make observations in writing to the Registrar regarding whether the trademark should be registered, and the Registrar will inform the applicant of any such ~bservations.~ Where an application has been accepted and no notice of opposition is filed within the opposition period or all opposition proceedings are withdrawn or decided in favor of the applicant, the Registrar will register the trademark unless it appears to him or her that the application was accepted in error. There are no official registration fees.

Duration

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Use

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Domain Names

The mere registration of a domain name does not, in itself, confer any trademark rights under U.K. law. However, use of a domain name in relation to the supply of goods or services in the U.K. may help to establish goodwill and reputation, which are the first ingredients necessary to establish a claim for "passing off' at common law. Domain names are potentially capable of being registered as trademarks in the U.K., subject to the domain name's fulfilling the criteria applied to other types of signs. The authority in the U.K. responsible for all domain names ending in.uk is Nominet (www.nominet.org.uk). Applicants for a domain name are encouraged to register via an Internet service provider (ISP) that is a member of Nominet U.K., although registration directly with Nominet is possible. Nominet will not carry out any search to check for prior conflicting rights in a trademark. U.K. (.uk) domain names are registered for an initial period of two years and may be renewed for additional periods of two years. Owners of earlier rights in a name or mark may contest the registration of a conflicting domain name by submitting a complaint to Nominet's Dispute Resolution Service. For a complaint to succeed, a complainant must prove on the balance of probabilities that: 1. she has rights in a name or mark that is identical or similar to the domain name(s), and 2. the domain name(s) in the hands of the' respondent is an abusive registration. An abusive registration means a domain name which either: 1. was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the complainant's rights; or 2. has been used in a manner which took unfair advantage of or was unfairly detrimental to the complainant's rights. The Dispute Resolution Procedure generally proceeds as follows: 1. filing a complaint (by the complainant), 2. filing a response (by the registrant), 3. filing a reply (by the complainant). Nominet thereafter engages in informal mediation to attempt to help the parties resolve the dispute. Any binding agreement must be made in writing or similar electronic form. If a mutually acceptable resolution cannot be achieved, the complainant may, upon payment of the relevant fee, request the appointment of an expert to make a decision. The expert has the authority to order that a domain-name registration be cancelled, suspended, transferred, or otherwise amended. Either party may appeal a decision to a panel of three experts upon payment of the relevant fee. The existence of Nominet's Dispute Resolution Procedure does not preclude a party from initiating legal proceedings in a court of competent jurisdiction in relation to a.uk domain name. A U.K. court of competent jurisdiction has the power to order the transfer of a domain name. The court may also grant a request for costs and damages or an account of profits for any trademark infringement or passing off occasioned by the use and registration of the disputed domain name. The owner of an earlier domain-name registration may, in certain circumstances, be able to prevent the registration of a later conflicting trademark, where that trademark was filed in "bad faith."

Enforcement

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