Find out some of the most common reasons why U.K. trademarks may be challenged, rejected, or refused, and how to avoid it happening.
Reasons Why Your Trademark May Be Challenged in the U.K.
United Kingdom Trademark Registration
Protect Your Brand in the United Kingdom Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
STEP 1
Comprehensive Trademark Study
Before filing your trademark in the United Kingdom, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in the United Kingdom and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in the United Kingdom
Discover how our services help protect and strengthen your brand in the United Kingdom.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkDomain Registration
Safeguard your local domain with ease through our trusted partner, Register.Domains.
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National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Do I need to use my trademark before applying for registration?
Yes, you need to be using the trademark or have plans to use it when you apply for registration.
Does registering a trademark in the United Kingdom grant me any rights?
Yes, you need to register your trademark in the United Kingdom to gain any rights to it.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 4 months, as long as there are no objections or challenges.
Do I have to sign a Power of Attorney?
No, signing a Power of Attorney is not required and won't be necessary during the process.
Can you claim priority in the United Kingdom?
Yes, you can claim priority in the UK if you meet these conditions:
- Your application in your home country was filed no more than 6 months before your application in the UK.
- Your home country is a member of the Paris Convention.
How long is a registered trademark valid in the UK?
In the UK, a registered trademark is valid for 10 years from the application date.
Who is allowed to challenge my trademark registration?
Anyone has the right to challenge your trademark registration.
Can a registration be canceled?
Yes, you can cancel a registered mark for the following reasons:
- The mark is found to be ineligible for registration (see the list of marks that cannot be registered)
- Ownership rights issues
- Copyright infringement
- Lack of use
- Infringement of rights related to registered and unregistered designs
- Violation of rights under Article 6septies, Article 6bis, and Article 6ter of the Paris Convention
- Bad faith
What are the steps involved in the trademark application process in the United Kingdom after it has been submitted?
The application process involves three stages:
What rights do you gain by having a registered trademark?
Yes. As the owner of a registered trademark, you have the following rights:
- Exclusive rights to use and profit from the trademark
- Ability to oppose and request the cancellation of conflicting trademark applications
- Right to take legal action against others using the same trademark
- Right to seek compensation from those infringing on your trademark
- Ability to license the trademark to other businesses
- Right to request customs authorities to seize counterfeit goods
What is the duration of the opposition period?
The opposition period begins when the application is published in the Trade Marks Journal and lasts for two months from that date. If an extension is requested and approved, this period can be extended by one more month.
If I register my trademark in the UK, will it be protected in other regions?
Registering your trademark in the UK grants protection in England, Wales, Scotland, Northern Ireland, the Isle of Man, and the Falkland Islands.
What actions must I take to meet the trademark use requirement?
In this area, you must use your registered trademark within 5 years after the registration is finalized. This period starts from the date your registration appears in the Trade Marks Journal. The trademark must be used in this jurisdiction, and even minimal use is acceptable.
Still have questions?