Britain
Fees for registering Britain trademarks
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in the UK are mainly based on the Trademark Act of July 10, 1994. The UK Intellectual Property Office is responsible for managing trademark affairs and the official language is English. The UK trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "use first". Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law.
The UK is a signatory to international intellectual property treaties such as the Paris Convention, Bern Convention, Rome Convention, Patent Cooperation Treaty, TRIPS Agreement, and a member of the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid International Register". The UK officially left the EU on January 31, 2020 and is no longer a member of the EU. According to the relevant provisions of Brexit, EU trademarks registered before December 31, 2020 will be automatically created by the UK Intellectual Property Office as equally valid UK trademarks, which will continue to have protective effect in the UK; EU trademarks that are still under application as of December 31, 2020 will not automatically receive protection in the UK, and applicants need to proactively submit a conversion application to the UK Intellectual Property Office.
Trademark Registration Process
At present, the UK Intellectual Property Office adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in the UK include: text, letters, graphics, symbols, dynamic graphics, color combinations, three-dimensional shapes, sounds, smells, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in the UK must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design (text trademarks do not require design);
2. Category and specific product items;
3. Name and address of the applicant;
5.If priority is declared, unless specifically requested by the examiner during the examination, no proof of priority is required.
The main process for applying for registration of a UK trademark is: application - examination (absolute reasons) - announcement - approval and issuance of certificates. The application will be accepted approximately one week after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The opposition period is 2 months from the date of announcement, and anyone can raise objections to the registration of the trademark. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in the UK takes about 6 months; If the process is not smooth and encounters rejection or objection, the time will be extended, which may take 1-2 years.
Trademark registration materials
The UK trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months and an additional recovery period of 6 months; The renewal is valid for 10 years.
The revocation/invalidation application after trademark registration can generally be filed in accordance with the following provisions of the UK Trademark Act 1994:
1. According to Article 46 of the Trademark Law, revocation is requested: (1) Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration; (2) Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services; (3) The actual use of a trademark may lead to public misidentification of the nature, quality, and geographical origin of goods/services.
2. Invalidation according to Article 47 of the Trademark Law: (1) Violation of the provisions of the Trademark Law; (2) Malicious registration; (3) Similar or identical to a trademark previously applied for registration by others.
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