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Trademark registration in Great Britain
Expert article on trademark law
Trademark registration in Great Britain – Professional trademark protection for your company
No matter where your company is located, you can register and protect a trademark in the UK. Since Brexit, it is no longer possible to obtain trademark protection in the UK through an EU trademark. If the UK is a relevant market, businesses must obtain a separate trademark registration. Trademark protection in the UK applies to England, Scotland, Wales, and Northern Ireland. Registration is done with the United Kingdom Intellectual Property Office (UKIPO), the UK's intellectual property authority.
As experienced trademark lawyers, we will assist you with the UK trademark application process with the help of our UK colleagues and ensure that your trademark is correctly registered in accordance with UK regulations.
Contact us for professional advice on trademark registration in Great Britain and successfully protect your brand!
Registration procedure for registering a British trademark with the UKIPO – The right way to trademark protection
Registering a trademark in Great Britain can be done not only nationally with the help of our UK colleagues at the United Kingdom Intellectual Property Office (UKIPO), but also through the World Intellectual Property Organization (WIPO). We will discuss with you which of these two options makes sense for your company during a preliminary consultation.
To register an IR trademark with protection in Great Britain:
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The registration of a British trademark is done through the World Intellectual Property Organization (WIPO) in Geneva.
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In this case, a so-called basic trademark, which was previously applied for/registered as a national trademark, for example in Germany, is forwarded to WIPO and registered internationally by it (IR trademark).
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The IR mark is then forwarded to the UKIPO, which verifies compliance with national trademark protection requirements. If the IR mark is accepted by the UKIPO, trademark protection is extended to the United Kingdom.
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This procedure is possible if both the country of origin of the basic mark and Great Britain are members of the Madrid Agreement (MMA) or the Protocol to the Madrid Agreement (PMMA).
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This applies to German trademarks, EU trademarks and many other countries.
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The application for an International Registration (IR trademark) with protection in Great Britain must first be submitted to the national trademark office of the country of origin (e.g. DPMA for German trademarks or EUIPO for Union trademarks).
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After examination, the application is forwarded to WIPO, which re-examines the application and finally forwards it to UKIPO, where registration takes place after final examination.
Let us professionally guide you through the entire UK trademark registration process. Contact us for comprehensive advice on trademark registration in the UK and protect your brand now!
Examining the protectability of a trademark and conducting a conflict search before registering a trademark in Great Britain – How to avoid costly mistakes
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Before you register a trademark in the UK, it is important to check your chosen name for so-called “absolute grounds for refusal”.
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The UK Intellectual Property Office (UKIPO) will only register your trademark if there are no absolute grounds for refusal.
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An absolute ground for refusal may exist, for example, if the trademark lacks the necessary distinctive character or cannot be registered due to its descriptive nature.
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A risk of deception or a need to keep the character string free can also lead to the exclusion of the trademark.
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Why collision research is important:
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In order to minimize the risk of a collision with an older, confusingly similar trademark, a thorough trademark search is essential before registration.
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If your trademark is registered despite a conflict with an earlier trademark, the owner of the earlier trademark can file an opposition against the registration, file a cancellation action or issue a warning to your company.
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Collision research saves costs
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The costs of a legal dispute, opposition proceedings or cancellation action are usually significantly higher than the costs of a professional conflict of laws search.
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Through timely and comprehensive research, you can identify and avoid potential conflicts early on.
Avoid costly trademark disputes in the UK and let us provide you with professional conflict search support. Contact us now for a thorough and cost-effective trademark search prior to your trademark registration in the UK!
Trademark registration fees in the UK – What you should know
Filing a UK trademark as an International Registration (IR) involves various fees, which are based on the number of Nice classes selected and assigned to the respective trademark offices. Here is an overview of the most important fees:
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Fees for registering a trademark:
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Forwarding fees of the trademark offices (DE + EU): DPMA fees: EUR 180.00 for forwarding after filing the basic trademark and excluding the costs for filing the basic trademark or EUIPO fees: EUR 300.00 for forwarding after filing the basic trademark and excluding the costs for the .
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WIPO fees: CHF 653.00 for a word mark or a black and white figurative mark or CHF 903.00 for a color figurative mark or word/figurative mark (basic fee of the World Intellectual Property Organization)
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UKIPO fees: CHF 202.00 for the first Nice class and CHF 56.00 for each additional class from the second Nice class onwards (UK Trademark Office fees).
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What is a Nice Class?
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When registering a trademark in the UK, you must specify the goods or services for which your trademark is to be protected.
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These can be classified into one of the 45 Nice classes.
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WIPO and UKIPO fees depend on how many Nice classes you select for your trademark.
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Renewal of the trademark after 10 years:
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The following fees apply for the renewal of a trademark with protection in Great Britain after every ten years:
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WIPO: In addition to the WIPO basic fee of CHF 653, CHF 224.00 is charged for the first Nice class and CHF 56.00 for each additional Nice class from the second class onwards.
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UKIPO (direct): If the mark has been applied for nationally and can therefore be renewed directly with the UKIPO, the fees are GBP 200.00 for the first Nice class and GBP 50.00 for each additional class from the second onwards.
Our trademark lawyer will advise you on filing fees and renewal options, helping you protect your trademark in the UK in a cost-effective and legally secure manner. Contact us for comprehensive advice on trademark registration in the UK!
Grace period after registration of a trademark in the UK – What you should know
In the UK, there is a five-year grace period after trademark registration. This means that a trademark must be actually used in the UK no later than five years after registration to retain legal protection.
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What happens if the trademark is not used?
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If the registered British trademark is not used in a legally valid manner within these five years, a third party may file an application for cancellation.
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The trademark will then be cancelled unless the trademark owner can prove valid use.
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Why the grace period is important
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The grace period protects trademark protection against trademarks that are registered solely to make it more difficult for others to use similar trademarks.
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In order to maintain brand protection in the long term, it is important to actively use the brand in commerce.
Our trademark lawyers will advise you on the obligation to use your trademark and help you secure long-term trademark protection. Contact us for comprehensive advice on the grace period for use of your trademark in the UK!
Trademark registration in Great Britain – Professional support from trademark lawyers
Our trademark lawyers will assist you with your trademark application in the UK and ensure that your trademark is registered with the UKIPO in a legally secure and efficient manner. We will guide you through the entire process – from trademark research and registration to monitoring trademark protection. Trust in our expertise to optimally protect your trademark in the UK.
Contact us now for comprehensive advice on trademark registration in Great Britain!
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