The UK Trademark Application Procedure

In order to register your Trademark in the UK, you must file an Application at the UK Intellectual Property Office (also known as the UK IPO). The Trademark Application can be filed by post, fax or on line using the electronic application form.

Your Application should include the name and address of the Applicant (this is the person who will own the Trademark and have all the rights associated with it), a list of the goods and/or services for which you want to register the Trademark and a representation of your Trademark. Once the Trademark Application is filed a filing receipt is issued and the Application proceeds to Examination. The Examiner will consider the following: –

“Relative grounds” – that is earlier Trademarks that are identical or similar to your Trademark and also cover identical or similar goods and/or services to those in your Application; and

“Absolute grounds” – this includes considering if the Trademark meets all the criteria to be registered, including that it is distinctive, non-descriptive and not customary in the trade.

If an objection is raised under absolute grounds then discussion can be entered into with the Examiner to try and overcome those objections. If the examiner finds any earlier Trademarks, owners of the earlier UK Marks will be notified and have the opportunity to oppose your Application, if they are concerned.

If the Application is accepted by the Examiner, the Application is published for two months. During this time concerned third parties may oppose the Application. If no opposition is raised, the Application will be registered and a Registration Certificate issued.

A UK Registration remains in force for ten years. A Trademark may remain in force indefinitely, provided that the renewal fees are paid every ten years.