Registering in the UK

To get a trade mark registered in the UK, you have to file a trade mark application at the UK Trade Marks Registry, which is actually part of the UK Intellectual Property Office (formerly the Patent Office) in Newport.  The application includes a picture of your trade mark, and also has to state what goods and/or services you use – or intend to use – the mark on.

The application is examined by the Trade Marks Registry.  They will check their registers for similar marks covering the same types of products, and if they find any they may ask you to restrict your scope of protection or even refuse to register your mark at all.  (This would not necessarily mean that you had to stop using your mark, and you might still be able to reach an agreement with the owner of a conflicting mark which allowed you to secure your registration.)

Once the Registry have accepted your application, they will allow third parties 3 months in which to oppose it.  Someone might do this, for instance, if they felt that your trade mark was confusingly similar to theirs.  An opposition involves dialogue between the two parties which if not resolved amicably will lead to formal submissions from both sides and a final decision from the Registry about whether your trade mark should be registered.

A trade mark registration lasts indefinitely provided you pay renewal fees to the Registry every 10 years.  From the date of registration – but not before – you are able to take legal action against infringers.  You can also then label your trade mark with the symbol ® - if it's not registered you should use the symbol ™ instead.

Note that it is important to continue using your trade mark, and to use it correctly, so as to keep your registration valid.

Although you can file trade mark applications yourself, directly at the UK Registry, it's wise to have a qualified trade mark attorney acting for you.  The attorney can prepare your trade mark application papers, and can liaise with the Registry and advise on how best to deal with any objections they raise.  He or she will ensure that all the official procedures are complied with at the right times – some of the procedures carry deadlines which if missed can result in loss of your trade mark application.