A trade mark search stands as an important step that ensures whether a similar mark already exists in the database of the UK IPO or if it is in conflict with other pre-existing trade mark in UK. A trade mark search can be conducted on the database of the UK Trade mark Register. While searching for a registered trade mark is important, the applicant may also look into unregistered trade marks by searching on the internet and other social media platforms. If a thorough trade mark search is conducted prior to choosing a mark then a lot of time and money is saved.
Documents required for registration
· A copy of the trade mark. · Name and address of the applicant. · A list of goods or services in relation to which the trade mark is used or proposed to be used. · In case of priority, the filing date, application number and the country of first filing should be mentioned. · Proof of payment of prescribed fees.
Examination
The UK IPO issues an official receipt after 4-6 days of filing the application and allocates an application number. The application is then examined on absolute and relative grounds. The UK IPO also searches for earlier registered trade marks that are in conflict with the application. If any objection is raised by the examiner during this process, the applicant is given time to respond.
Publication & Opposition
After examination the application is published in the Trade Marks journal. The idea behind such publication is to allow third parties to file opposition within a 2-month period based on previous registered or unregistered mark. Any third party can file for opposition on absolute grounds, however, only third parties owning an earlier trade mark can object based on relative grounds. Opposition may be filed on grounds of lack of distinctiveness, descriptiveness, or bad faith among others.
Registration Certificate
If the application is accepted after publication, then the UK IPO issues a certificate of registration. The certificate includes representation of the trade mark, goods and services covered and filing dates. No further copies of the original registration certificate will be issued and hence it must be kept safe. Following which the applicant may use the ® symbol to show that the trade mark is registered. In general a trade mark application procedure in the UK takes 4-6 months.
Renewal
A trade mark registration lasts for an initial period of 10 years. After which it can be renewed every 10 years for an indefinite period. An application for trade mark renewal should be filed 6 months before the expiration date of registration. A trade mark can be renewed within 6 months of the renewal due date provided the adequate surcharge is paid. But, if a trade mark has not been put to use within the first 5 years of registration or for a continuous period of 5 years, then a third party may seek to revoke its registration on grounds of non-use.
