The procedure for registering a trade mark in the UK

Trademark registration procedure in Great Britain - legal aid

In Great Britain, there is an annual increase in the number of applications for the registration of trademarks. Experts associate this trend primarily with the country's exit from the European Union, which is confirmed by a significant number of applications from citizens of other states.

Advantages of registering a trade mark in Great Britain

A trademark is a combination of signs that allows you to distinguish the products or services of different companies.

Should I register a trademark? This question sooner or later arises before every entrepreneur who has created his own brand. At first it may seem that registration is not necessary, as British law allows working with an unregistered TM.

However, in this case, you should be prepared for the fact that third parties will be able to use your mark without hindrance. This can lead to the following consequences:

• Damaged reputation: If counterfeit goods are found to be of poor quality, your reputation will suffer and it will be difficult to regain customer trust.
• Loss of the right to use TM: If another company registers your mark, they can prohibit you from using it, which will lead to additional costs for changing the marking, creating a new website and launching new advertising.
• Legal claims: Third parties can sue you for misusing their registered TM, even if you developed it but didn't register it in time. Legal costs can reach tens of thousands of pounds.

Who is eligible to register a trade mark in Great Britain

UK law does not limit the number of people who can register a trademark. This opportunity is available to both individuals and legal entities, regardless of whether the applicant is a resident of the country. The only requirement for foreign applicants without a UK address is the need to complete the registration procedure through a patent attorney.

As for the bodies through which TM can be registered, there are several options:

• The UK Intellectual Property Office (UK IPO) is a national registration option that covers England, Wales, Scotland, Northern Ireland and, from 2021, Gibraltar.
• World Intellectual Property Organization (WIPO) - through it you can make an international registration under the Madrid system, which allows you to expand the reach of your trademark to other countries.

Thus, the UK offers ample opportunities for both national and international trademark registration. Even Ukrainian applicants can register a TM in Great Britain if they have an address and with the help of an attorney.

Types of trade marks in Great Britain

The main trademarks recognized by the UK Intellectual Property Office include company names, slogans and logos.

You can register one type of TM or several, depending on the needs of your business.

In addition, it is possible to apply for the registration of a trademark presented in other forms.

What is allowed and what is not allowed to be registered as a trade mark in the UK

In the United Kingdom, there is some flexibility regarding trademark registration. You can register as a trademark:

• words or phrases;
• image;
• sounds;
• colors;
• forms;
• a combination of some or all of these items.

For example, one of the most famous combined trademarks is the sign of McDonald's company, where it is enough to identify the brand by seeing the yellow letter "M" in the original McLawsuit font, hearing the popular slogan "i'm lovin' it" or the melody accompanying it.

A great example of a color being registered as a trademark is Tiffany & Co's famous shade of blue known as Tiffany Blue®. There are also well-known shapes that have become symbols and are registered as trademarks, for example, branded bottles of Coca-Cola or Jack Daniels.

There is a list of restrictions on trademark registration in Great Britain:

1. Words and phrases that have an offensive meaning, as well as names and slogans that contain profanity or discriminatory statements.
2. Descriptive terms that refer to goods or services marked by a trademark. For example, the term "Shoes" cannot be registered for the production of shoes.
3. Text that may mislead consumers. For example, you will not be able to register a trademark with the word "organic" if the product is not organic.
4. A form that directly identifies your product or service. You should not expect to receive a registration certificate for a 3D product if you want to register it as a trademark for a bakery.
5. Taglines that are too general, for example phrases like “We know exactly what you need.”
6. Images that resemble government symbols, such as coats of arms or flags.

Trademark registration process in Great Britain

After you have provided the patent attorney in the UK with all the necessary details, you will need to sign a letter of guarantee to the patent firm in which you confirm all information about the trade mark, your company or you as an individual person, as well as payment data.

A patent attorney searches official UK and EU trade mark databases to identify pre-existing marks that may be similar or identical to yours. This search is important to avoid possible conflicts with the owners of already registered or applied for registration of marks when using your trademark in the territory of England.

If the search results are satisfactory to you and your patent attorney, the attorney prepares and submits an application for registration of your trademark to the United Kingdom Patent Office (Intellectual Property Office) and pays the stamp duty, after what the procedure begins.

Legal audit of the situation

A legal audit of the trademark registration situation in Great Britain includes several key stages. First, it is necessary to conduct an analysis of existing trademark rights, in particular, to search for registered marks to identify possible conflicts. 

It is also important to determine the relevant classes of goods and services for which the application is submitted, as well as to check for uniqueness and compliance with the requirements of the law. Engaging a patent attorney or lawyer specializing in intellectual property will help prepare documents and provide legal support. 

In addition, a trademark protection strategy should be developed, including monitoring for possible infringements. Keeping records of all stages of registration is also important for further analysis and risk assessment.

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