UK Trade Mark Registration Factsheet

Benefits

Amongst other benefits, registering your trade mark:

• Secures a statutory monopoly. It gives you the exclusive right to use your mark for the goods and/or services it covers in the UK.
• Deters others from using your trade mark. A trade mark registration can be used to prevent the registration or use of an identical or similar mark by another individual or company.
• Makes it your property, which means you can sell it or license its use to others in exchange for payment.
• Can add quantifiable goodwill and value to a business on sale.

Costs

We can take care of the registration process from start to finish.

For a UK trade mark application in one class, we charge a fixed fee of £625, assuming the application is straightforward.

For each additional class, if needed, we charge a fixed fee of £115.

For a one-class application, this works out at just £62.50 per year over the first 10 years, as trade mark registrations are valid for an initial period of 10 years and can then be renewed every 10 years for a renewal fee.

Note that the above costs exclude VAT, which is chargeable in addition if we are instructed from within the UK.

Classes

All possible goods and services that you may wish to cover in your application are divided into 45 different classes.

We will advise you on which class or classes may be needed by drafting a proposed specification. You can then make a final decision on what you wish to include or exclude.

The Application Process

Once filed, your application will be examined at the UK Intellectual Property Office.

A wide variety of objections can be raised by a UKIPO examiner, including that your trade mark is descriptive and not distinctive, for example the trade mark SHOES for a shoe store. This is not something we can predict with absolute certainty, although we do aim to warn you if your application is likely to be problematic.

In the event of an objection, we would need to respond to the examiner. Responding to objections may include presenting evidence of use, engaging in correspondence and/or attending a hearing with the examiner.

If no objections are raised, or if they are raised and then overcome, your application will be published for opposition purposes for a period of 2 to 3 months.

A third party may oppose your trade mark application on a number of grounds, including that it is identical or similar to their mark and that there is a likelihood of confusion between your proposed trade mark and their registered trade mark.

If an opposition is filed, we will advise you on its merits and your options.

Most, although not all, trade mark applications are straightforward and proceed without significant objection or opposition.

If an objection or opposition is received, no further charges will be incurred without your prior agreement.

Timescales

Currently, a straightforward UK application can expect to achieve registration in 3 to 4 months from filing.