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By valero
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It may seem complicated at first, but by following the right steps it is a straightforward process. Do not worry, we are going to explain you in the following article how to register a trademark in the UK.
Whether you are starting a new business or want to protect an existing trademark, this article will guide you through the process of registering your trademark safely and effectively.
Make sure your trademark can be registered
Before you go ahead and register your trademark, you should check that it meets a few requirements. The first is that it must be distinctive, unique, not generic. Nor should it directly describe the goods or services your company offers. And, as with the choice of name, it must not be similar to trademarks already registered or confusingly similar. It is similar to changing a name of a company.
To do this, we recommend that you do a preliminary search of the UK Intellectual Property Office (UKIPO) database. This will allow you to find out if someone has already registered a similar trademark. You can do this for free on their official website. Good prior research will save you problems and money in the future.
Nice Classification (NCL)
When you register a trademark in the UK, you must specify what goods or services you are going to use it for. This is done using the Nice Classification, an international system that organises goods and services into classes.
Correct selection of your class is crucial to protect your trademark as well as possible.
Prepare the application
Once you are clear on the name, a possible logo and have selected the classes, you are ready to start preparing your application.
To do this, you need to know that you need to submit details of the trademark owner, which can be you or your company. You also need to have ready the graphical representation of the mark, a list of the goods and services you offer. Finally, you will have to proceed to the payment of the fees.
You can file the application process entirely online through the official UKIPO website.
Trademark application fees
As noted above, there is a fee for registering a trademark in the UK. A single class costs £170. Each additional class will cost an additional £50 each.
Examination of the application
The UKIPO will check your application to make sure that it meets all the legal requirements. If there are any problems, they will send you an examination report, which is a report explaining what you need to correct.
Normally, the examination process for a trademark application takes about 2 to 3 weeks.
Publication and appeal period
Your trademark will be published in the Trademarks Journal if there are no objections. Thereafter, a period of 2 months, extendable to 3 months, begins in which third parties may appeal the registration if they consider that it affects their rights.
If there are no further appeals, or if they are resolved in your favour, the process will continue as normal.
Once the appeal period has expired, you will receive the registration certificate. Your trademark will then be protected in the UK for a period of 10 years, renewable indefinitely.
How to register a trademark in the UK: additional tips
Plan well, as registering a trademark can take between 4 and 6 months. We recommend that you organise yourself well in advance. Similarly, you should protect your brand internationally. This means that if you are planning to expand your sales to other countries, consider registering your trademark internationally as well.
Finally, as always, be sure to seek the support of an expert IP advisor to help you speed up the process.
Final thoughts on how to register a trademark in the UK
Registering your trademark in the UK by following the right steps is a smart investment to protect your business. Although the process requires some attention, it is well worth the effort to ensure that no one else can use your business identity.
