United Kingdom Trade Mark Law - Registering Trademarks

Registering Trademarks

The registration of trade marks in the UK is achieved through the UK Intellectual Property Office. If registration is accepted by the UKIPO, a number of exclusive rights are bestowed upon the trade mark owner. These rights allow the owner to prevent unauthorised use of the mark on products that are identical or similar to the registered mark.

When a trade mark application is made to the UKIPO, it examines the application to decide whether the trade mark that is being applied for is distinctive enough to be a trade mark.

Registration usually takes about nine months. However, this time span can be greatly increased if any objections are raised to the marks registration by owners of similar registered trademarks or by the UKIPO themselves.

Once a trademark is registered, it will be held on the register for ten years, after which it will need to be renewed in order to preserve the owner rights over it. It can also be allowed to lapse.

Trade marks are registered in one or more of 45 classes. There are 34 classes of goods and 11 for services. These classes group products that are deemed to be similar in function, and are identified by their number. For example, the registration of a trademark for a range of gymnastic and sporting articles is classified by the trademark registry into ‘class 28’. This class also encompasses decorations for Christmas trees!

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