Although intangible, trademarks are one of the most important assets of a business, and they can also be used to distinguish one's own goods or services and establish brand image. This article focuses on how to register a trademark in the UK and do a good job in protecting intellectual property rights in the UK.
Elements of a UK trademark.
A sign applying for registration as a trademark must be distinctive, i.e., capable of distinguishing its product or service from that offered by others.
Words, designs, letters, numerals, product shapes or their packaging, etc., can be registered as trade marks in the UK, but certain signs may not be registered (section 3 8 of the Trade Marks Act 1994) for the following reasons:
1. Aggressive, such as containing profanity or ** images, etc.;
2. Describe the goods or services it relates, e.g. the word "cotton" cannot become a trademark of a cotton textile company;
3. Misleading, such as using the word "organic" for non-organic goods
4. It is a three-dimensional shape related to the trademark, such as the shape of an egg;
5. Too common and not distinctive, e.g. a simple statement;
6. According to the guidelines of the World Intellectual Property Organization, it looks too similar to national symbols such as national flags or logos.
Information required to register a UK trademark.
When preparing the trademark application materials, we need to provide the following information and documents.
1. The detailed information of the trademark applicant, including the enterprise name, registered address, etc.
2. The classification of goods or services shall be selected according to the Nice classification system.
3. For the graphic or text style of the trademark, the trademark pattern or word logo can be submitted.
4. The date of use of the trademark, if the trademark has been used in the UK, relevant evidence needs to be provided.
UK trade mark registration application process.
1. Submit an application.
The applicant prepares the required documents and submits the application for trademark registration to the UK Intellectual Property Office.
2. Formal examination.
After the application is submitted, the British Intellectual Property Office will conduct a legality review of the submitted application documents, trademark drawings and other documents, and if the requirements are met, the filing date and application number will be awarded.
3. Substantive examination.
The UK Intellectual Property Office examines whether a trademark is registrable, identical or similar to an earlier registered trademark, and whether it contravenes the prohibitions of trade mark law. For trademarks that do not pass the substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for refusal. The applicant has a time limit from the date of receipt of the notification of refusal to file a review, failing which the application will be considered abandoned, and neither the filing date nor the application number will be retained.
4. Trademark announcement.
If the examiner has no objection to the trademark applied for registration or the applicant has successfully defended the trademark, the trademark enters into a publication period, during which any third party is allowed to oppose or request an extension of time for the opposition to be filed.
5. Registration.
Trademarks that have been ruled to be registrable after opposition, or trademarks that have been published without objection, will be approved for registration and a registration certificate will be issued.
Considerations for registering a UK trademark.
1. The validity period is 10 years from the date of application, and if the registration expires and needs to continue to be used, the application for renewal of registration should be applied for 6 months before the expiration of the registration period, with a grace period of 6 months, and a recovery period of 6 months, additional fees will be charged, and the validity period of each renewal registration is 10 years.
2. Within 5 years after the completion of registration, the registered trademark must be put into use, unless there is a valid reason.
3. After registration, if the name, address or e-mail address of the registered right holder changes, it is necessary to apply to the Intellectual Property Office for change of registration.
Trademark registration can provide legal protection for businesses against unauthorized use of the same or similar trademarks by others. Registered trademarks can also help enterprises establish brand image, establish market credibility, and improve competitiveness.