United Kingdom Trademark Registration 

The average time frame for the registration approval is 5 months, if no objections or oppositions arise.

When you register your trademark in the UK, it will be protected in Wales, England, Scotland, Northern Ireland, the Isle of Man and the Falkland Islands.

No. It is not a filing requirement and will not be needed during prosecution. 

Yes. There are a number of benefits from pre-filing use: 

• Show distinctiveness of mark
• Dismiss oppositions based on non-distinctiveness
• Invalidate a similar registered mark if use is earlier than the date of its application
• Establish reputation and obtain better protection

Yes. Not using your trademark makes it vulnerable to cancellation or revocation.

Registrable marks are those that can be interpreted graphically and can make the business distinct from its competitors: words, slogans, names, devices, sounds, scents, holograms, motions, touch, taste, 3-dimensional shapes and colors.

The application will go through 3 phases: 

1. Examination – The application must comply with respect to formalities, classification, descriptiveness, distinctiveness and clarity.
2. Publication – The filing details will be posted online including the mark itself, goods/services involved, applicant’s name and address, date and number of application, information about priority claim, and the trademark’s representation.
3. Registration – After the prosecution, and if no opposition was filed, the issuance of registration will come next.

This jurisdiction prohibits the registration of the following: 

• Marks that go against standards of moral or marks that interfere with public order
• Words or terms that have a broad meaning
• Marks that represent the Royal Family
• Applications made in bad faith
• Words that are illegal in the UK
• Marks that does not show distinctiveness
• Marks that are deceptive
• Unauthorized use of flags/symbols/names of international organization and states/nations
• Marks that serve as names of geographic location

Yes. United Kingdom uses the Nice Classification system.

No. The withdrawal of the United Kingdom from the European Union due to Brexit became effective as of February 1, 2020, although there was a transitional period until December 31, 2020. The trademarks that were registered in the European Union up to that date were created in the United Kingdom to maintain their protection. However, those that were not granted registration by that date need to be refiled in the United Kingdom. Applicants have until  September 30, 2021 to refile their trademarks in the United Kingdom in order to maintain the filing date of the European Union application.

Yes. You may claim priority in this jurisdiction when you meet the following requirements:

• The date of the application in your home country does not exceed 6 months from the date of application in this jurisdiction
• Your home country must be a signatory of the Paris Convention

This jurisdiction requires that you use your registered trademark within 5 years from the date the registration process was completed. This is calculated from the date your registration was published in the Trade Marks Journal. Use must take place in this jurisdiction and number of use can be minimal.

Validity of registered trademarks in the UK lasts for 10 years starting on the date of application.

Renew your trademark 10 years from the date you filed your application.

Yes. You can legally use your mark even if it’s not yet registered.