What is a UK Trademark? UK Trademark Review

Trademark registration conditions

A mark applied for registration as a trademark must be distinctive, that is, able to distinguish its products or services from those provided by others.

Words, designs, letters, numbers, product shapes or their packaging can all be registered as trade marks in the UK, but certain signs are not registrable (Sections 3 to 8 of the Trade Marks Act 1994), including:

● Offensive symbols, such as obscene images;

● purely descriptive marks that merely describe the characteristics of the relevant product or service;

● misleading signs;

● The logo is too common and lacks distinctiveness;

● It is a common name in the commercial field;

● Carrying specially protected symbols such as the national flag, etc.

Collective and certification marks

In addition to ordinary trademarks, the UK also has collective trademarks and certification trademarks.

A collective mark can be used to indicate that the products or services bearing the mark come from members of an organization such as a chamber of commerce. (Section 49 of the Trade Marks Act 1994)

A certification mark guarantees that the product or service bearing the mark meets a certain standard or has a certain characteristic. The definition of that standard or characteristic is determined by the owner of the mark, who is usually a chamber of commerce, government department, technical body or similar body. (Section 50 of the Trade Marks Act 1994)

Application Principles

In the UK, you can only apply for registration of one trademark or one trademark series at a time. A trademark series refers to a series of trademarks that are substantially similar and whose differences do not substantially affect people's recognition of the trademark.

The UK also has a divisional application system, which is to split multiple independent applications from one application. The review of applications without problems will continue, while applications with problems will be resolved separately.

Trademark Search

Search the UKIPO trademark database to see if someone else has registered a similar or identical trademark for the same or similar products or services. If someone else has already registered, you can seek a letter of consent from the registered trademark owner.

The UKIPO's online trademark journal (published weekly) allows you to view trademark applications that have been received but not yet registered.

Trademark Classification

Through the online tool TMclass, you can check the category of products or services that need to be determined when registering a trademark, or you can consult UKIPO by email.

Trademark Infringement

The use of a trademark identical or similar to a registered trademark on identical or similar products or services may cause public confusion, which constitutes trademark infringement. If a registered trademark becomes a well-known trademark, the use of a trademark identical or similar to a registered trademark on different and dissimilar products or services, even if it does not cause public confusion, but damages or exploits the reputation of the registered trademark, also constitutes trademark infringement.

Required documents for application

1. The trademark registration application form can be prepared and signed by the agent. The application form includes the applicant's name, address, nationality and a list of designated goods or services.

2. Trademark pattern.

3. If the applicant's address is not in the UK, he/she must provide a local address in the UK (usually the address of the trademark agent)

Application process: The trademark registration application must be submitted to the registrar and the fee must be paid at the same time. The application must state that the applicant or its authorized person is using the trademark on the relevant goods or services, or must state that the applicant has a good faith intention to use the trademark. The application date is based on the date of document submission. After receiving the application, the trademark registrar will conduct a search for prior trademarks to review whether the applied trademark meets the legal requirements. If it does not meet the registrability requirements, the applicant will be notified to make a statement or modification; if the applicant fails to convince the examiner or fails to make corresponding modifications or the applicant's response exceeds the deadline, the examiner will reject the trademark application.

Announcement and objection: When the application is initially approved and announced, the announcement information is available to the public. After the application is announced, anyone can raise an objection within the next 3 months.

Official receipt time: 4 weeks

Registration time: 3-6 months

Registration validity period: 10 years, calculated from the date of application.

Trademark renewal: The renewal application should be submitted before the expiration of the registration validity period, or within the 6-month grace period after the expiration. If submitted within the grace period, additional fees must be paid.