UK Trade mark Application Guide

UK trade marks are registerable at the UK Intellectual Property Office.

A UK trade mark lasts for 10 years and will give the owner a monopoly over UK use of the same or similar mark in relation to the same or similar goods or services. This is qualified by the need for a 'likelihood of confusion'.

The trade mark application process has a typical turnaround of 4 months all being well. However when (if) granted, the registered trade mark will date from the day of filing - and Trademarkroom prides itself on its quick filing.

Trademark Application Examination

If you file at the UK IPO you will get an official trade mark examination within 10 days of filing. This means that within 10 days you will know whether the UK IPO has problems with your trade mark application. You will be told therefore what the UK IPO Examiner thinks about your application and consequently have a good idea whether you are going to get a registered trade mark.

Trade mark Application Refusal

Traditionally, there are two grounds for 'refusal' of a trade mark. These are 'absolute' grounds of refusal, and 'relative' grounds of refusal:

Your proposed trade mark will be refused on absolute grounds mainly if it is too descriptive or if it is not distinctive enough, or if it is offensive.

In the past your application was refused by the UK IPO if your proposed trade mark was the same or similar to a previous filing for the same or similar goods or services and there was a likelihood of confusion. Since 01 October 2007 the UK IPO Examiner instead notifies the owners of those previous filings and it is up to these owners to oppose your application.

The UK IPO will notify those owners of earlier UK national marks and International marks designating the United Kingdom that it identified in its examination report. It will also notify owners of conflicting CTMs and International marks designating the European Community, but only if those owners have "opted in" to receive such trademark registration notifications.

After we deal with the UK IPO examination the trademark will be published in the next available Trade Marks Bulletin for 2 months for the statutory purposes of advertising for opposition. In reality very few people read the Trade Marks Bulletin so your main concern is the owners who have been notified of your application. We estimate 1 in 20 applications is opposed.