National toll free hotline:
400-711-2005
Trademark UK
1. Register a trade mark
You can register your trade mark to protect your brand, eg the name of your product or service.
When you register you’ll be able to:
take legal action against anyone who uses your brand without your permission, including counterfeiters
put the ? symbol next to your brand - to show that it’s yours and warn others against using it
sell and license your brand
How to register a trade mark
Check if your brand qualifies as a trade mark.
Apply to register your trade mark.
Respond to any objections.
The registration process takes about 4 months if no-one objects. Registered trade marks last 10 years.
Register your trade mark overseas
Registering a trade mark in the UK only protects your brand in the UK.
There are different processes for registering EU and international trade marks.
2. What you can and can't register
Your trade mark must be unique. It can include:
words
sounds
logos
colours
a combination of any of these
Your trade mark can’t:
be offensive, eg contain swear words or pornographic images
describe the goods or services it will relate to, eg the word ‘cotton’ can’t be a trade mark for a cotton textile company
be misleading, eg use the word ‘organic’ for goods that aren’t organic
be a 3-dimensional shape associated with your trade mark, eg use the shape of an egg for eggs
be too common and non-distinctive, eg be a simple statement like ‘we lead the way’
Check if your trade mark’s already registered
You must search the trade marks database before you send your application to check if anyone has already registered an identical or similar trade mark for the same or similar goods or services.
Your application will be rejected if the trade mark you try to register (or a similar one) has already been registered.
You can ask the holder of an existing trade mark for permission to register yours. They must give you a ‘letter of consent’ - you must send this letter with your application.
You can use a trade mark attorney to help you with searches and registrations.
3. Apply
Apply to register your trade mark online.
It costs from £170.
You’ll need:
details of what you want to register, eg a word, illustration or slogan
the trade mark classes you want to register for, eg class 1: chemicals, or class 43: food and drink services
Apply by post
Fill in and send the relevant application forms to the following address:
Intellectual Property Office
Trade Marks Registry
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
It costs £200 to register a trade mark in one class. Each additional class you need costs £50.
4. After you apply
You’ll get feedback on your application (an ‘examination report’) within 20 days - you have 2 months to resolve any problems.
If the examiner has no objections your application will be published in the trade marks journal for 2 months, during which time anyone can oppose it.
Your trade mark will be registered once any objections are resolved - you’ll get a certificate to confirm this.
If your application is opposed
The Intellectual Property Office will tell you if someone opposes your application.
You can either:
withdraw your application
talk to the person making the opposition
defend your application
You can’t register your trade mark until the matter is settled and may have to pay legal costs if you want to challenge the opposing party.
Read guidance on your options following an opposition.
Research previous trade mark decisions to help you with a dispute and prepare for a hearing.
Once your trade mark is registered
You must report any changes to your name, address or email address.
You can object to other people’s trade marks, eg if you think they are identical or similar to yours.
You can sell, market, license and mortgage your trade mark.
Your trade mark will last 10 years - you can renew it after that time.
5. Unregistered trade marks
You may be able to stop someone using a similar trade mark to yours on their goods and services (known as ‘passing off’), even if you haven’t registered it.
You’ll usually need to get legal advice from a trade mark attorney.
It’s harder to prove passing off than it is to defend a registered trade mark. To be successful you’ll need to show that:
the mark is yours
you’ve built up a reputation in the mark
you’ve been harmed in some way by the other person’s use of the mark
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