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UK Trademark Registration Procedures

Updated:2018-4-11 16:52:16    Source:www.tannet-group.comViews:244

UK trademark registration should be applied for through the UK Intellectual Property Office. There are no nationality restrictions concerning who may apply for or own a UK registration. In view of this, Tannet prepares the following exposition to brief you on the procedures of trademark registration in the United Kingdom.

Registration Procedures for UK Trademark
1. Application Content and Preliminary Examination
An application should include information about the applicant, a representation of the mark and a list of the goods/services for which registration is sought. An official fee must also be paid. Goods and services are classified into 45 classes and the cost of an application will depend upon the number of classes into which the applicant’s goods/services fall.

The Trade Marks Registry will consider whether an application meets formal filing requirements and, if so, will then carry out a substantive examination to assess whether the application meets the criteria for registration. In particular, the Registry will consider whether there are any “absolute grounds” or “relative grounds” for refusal.

2. Absolute Grounds for Refusal
The Trade Mark Registry will assess whether the sign for which protection is sought is a trade mark and, if so, whether it is the type of trade mark that should be registered.

A trade mark registration gives the proprietor exclusive rights and there is a general principle that one trader should not be able to monopolise any mark that other traders should be free to use. Accordingly, the Registry will object to the registration of marks which (1) describe the characteristics of the goods or services for which protection is sought, (2) are devoid of distinctive character (e.g. common geographical names or surnames, or laudatory terms such as FIRST CLASS), or (3) are customary in common language or in trade.

The Registry will search for earlier marks at the examination stage and the results will be conveyed to the applicant for registration so that they can make an informed choice as to whether or not to proceed. Should the applicant decide to continue with the application, the registry will notify the owners of any earlier marks identified in the search about the existence of the new application when it is subsequently published in the Trade Mark Journal.

3. Registration and Renewal
If no opposition(s) are filed (or the application is not successfully opposed in its entirety), then the application will proceed to grant and a certificate of registration will be issued. A UK trade mark application can be granted in as little as 6 months if no objections are raised by the Registry on examination and no oppositions are filed.

A UK registration lasts initially for 10 years from the filing date. Provided that renewal fees are paid every ten years, the duration of the registration may be extended indefinitely, although a registration would become vulnerable to revocation, in whole or in part, if the mark is not used on the goods or services specified in the registration for a continuous period of 5 years.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355735@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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