If a trademark has expired does that mean that you can now register it?

If a trade mark registration is not renewed it is deemed to be "expired". However, the UK IPO doe allow further period of 6 months for late renewal; an additional fee is charged for such late renewal. The result of this is that the status of the earlier registration depends on when it expired and whether the 6 month period for late renewal has passed.

The UK IPO no longer raises official objections on the basis of earlier rights but they will notify owners of such earlier marks if they consider it appropriate to do so.

An earlier rights owner will not be able to oppose you on the basis that they once had a registered mark which has now expired. However, please remember that the Act provides for anyone to oppose any application that the UK IPO publish. However, if they have no registered rights they will have to oppose on the basis of passing off (common law) or on the basis that your trade mark is descriptive or non-distinctive.

So...get trade mark search first before you apply to register your trade mark!