how to check a registered trademark uk [Detailed Response]



Last updated : Aug 30, 2022
Written by : Efrain Bednarek
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how to check a registered trademark uk

How do I check if a trademark is registered UK?

To find trade mark applications accepted in the last week, check: Intellectual Property Office's online trade marks journal - for UK trade marks and international trade marks that include the UK. the Guernsey online trade marks journal - for Guernsey trade marks.

How do I check an existing trademark?

Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do I check a trademark for free?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

How do you check if a brand name is already registered?

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

How long does a trademark last UK?

Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards.

What is a dead trademark UK?

A trade mark may also be considered dead if it hasn't been renewed and the period of restoration has expired. Just because a mark is listed as 'dead', doesn't mean that it is available. Someone may be using the mark, or accruing goodwill and recognition under the mark, so common law rights may apply.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you trademark a name already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

What is a dead trademark?

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

How do I know if a business name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen.

How much does it cost to trademark a name UK?

It costs £170 to register a single trade mark in one class. It costs £50 for each additional class if you pay up front. If you're making a series application the first 2 versions of the trade mark are included in the fee. You then pay £50 for each additional version of your trade mark, up to a maximum total of 6.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

How can I verify a company is legitimate?

Check out the company's address, phone number, and website to make sure they look legitimate. Be aware, though, that it's pretty easy for a company to get a fake address, phone number, and website. If you can, visit the company's physical address and talk to the people who work there.

Can you use a trademarked name?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

What words Cannot be trademarked UK?

  • be offensive, for example contain swear words or pornographic images.
  • describe the goods or services it will relate to, for example the word 'cotton' cannot be a trade mark for a cotton textile company.
  • be misleading, for example use the word 'organic' for goods that are not organic.

Can you have two trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can you use an expired trademark?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

How often must a trademark be renewed?

You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you've exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.

What happens to a trademark when the owner dies?

Trademarks cannot be assigned without the goodwill being specifically listed as being transferred with the mark. If the mark and related goodwill are not specifically assigned from the estate to beneficiary, the mark will not transfer and will die away.

Why would a trademark be Cancelled?

There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.


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how to check a registered trademark uk


Comment by Roxana Prasser

hey guys I'm Mario an initial video I'm going to show you guys how to register a trademark online in the UK if you're someone who's sitting on the fence and considering whether to pay solicit or third-party service than don't honestly don't having been through the process of starting an online business which is involved to register in numerous trademarks I can confidently say this is going to be one of the most cost efficient tasks you'll do in the process I've seen lawyers and various online services charged in an absolute arm and a leg for registering a trademark in the UK with prices easily going up to six seven hundred quid the actual cost of registered trademark in the UK is a hundred and seventy pounds and the process takes less than thirty minutes so you can do the maths so there are two important decisions we need to make when submitting an application and they are a trademark class and trademark type I'll be explaining what they are and how to choose them throughout the video in a minute I'll be showing my screen with you and going through the trademark classes I'll then show you how to carry out effective research into live trademarks in order to help you choose your trademark type and minimize the chances of someone who already holds a similar trademark type and who holds a similar trademark to oppose your application in doing so you'll then be able to determine which trademark type is suitable for us and once we've established those two the trademark class and trademark type I've then walk you through the application process and then finally discuss the time scales involved the opposition period and what you can do if your application is opposed guys if you do enjoy the video then please like and subscribe to the channel so I can keep these videos come in and most importantly if you have any questions and drop them in the comment section below enjoy the video so assuming we've already chosen a name of our trademark in my case Featherstone the next thing we need to do is decide on the trademark class let's have a brief look at some of the trademark classes that are available to us you can either click on the link in the description of the video which I'll be sharing or you can simply google trademark classes UK and you can click on this link here general indication of goods and services and this should bring up all of the 45 classes so you've got classes 1 to 34 which should cover all goods and then you've got classes 35 to 45 which cover all services now each of these classes contains a list of pre-approved terms so there'll be hundreds sometimes thousands of pre-approved terms under each class which we'll see in a minute once we start filling the application it doesn't cost more to add more pre-approved terms you only pay 50 pounds per class per additional class so when I'm doing it I usually just cover every pre-approved term you know as opposed to sitting there picking choosing and picking because you're not paying any extra so all of these 45 classes should cover most goods and services however if you struggle to find your class then I've got a great recommendation it's an amazing tool a trademark class search tool on the EU IPO website you can either access it by following the link on the video's description or you can just google search EU IPO class assistance like I'll do now EU IPO new IPO and you can follow this top link here once you're on the page all you need to do is type in your product and it will tell you which class your product fits into of course if you have more than one product in more than one category then add all of the necessary categories you want to be registered under so I'm gonna type in leather handbags as an example and if I scroll down slightly I can see that handbags are listed on the class 18 you can also have a look on the left side of the screen over here for a brief description of the trademark class just to solidify your decision so we can hit see here it's classified under Goods class 18 and if it's under the luggage bags wallets and other carians category we can try another product right so now I've tried belts and we can see there's a few different types of belts which fit mostly into class ten but also class seven pops up quite a few times we can see orthopedic belts maternity belts and so on fit into class ten we've also got some fabric Belk tuxedo belts and suspenders in class 25 if you need more help deciding on which of these classes your product fits under you can use this classification guide on the left hand side and that will just break down the classes into a more detailed description so if we were for instance deciding between clocks 10 and 7 we can see class 7 fits into agriculture earthmoving construction oil and gas extraction mining equipment so that makes it clear what these are that's obviously a lift and an elevator belt and we can see in class 10 we've got physical therapy equipment and a fabric belt which will probably be your general clothing items there you go clothing guys this is a great tool to begin with but it doesn't cover every single product so if you're still struggling to find your trademark class then you should email the trademark classifications team at TM classification at IPO gov dot uk' and I'm sure they'll be more than happy to help it's important to know that each additional trademark class cost fifty quid on top of the application fee so just to clarify that the application fee of one hundred and seventy or two hundred pounds already includes one trademark clocks the extra 50 pounds fee will be applied to each additional class you add on top of the application so you can add as many classes as you'd like to application if you believe they will be required for your brand however adding more classes may increase the chance of being opposed if your brand expands into different categories or you need to add on a class onto your trademark for any other reason after you've submitted your application then you will need to go through the application process again and pay the application fee 170 quid plus and fifty pounds for additional classes so it's really important to capture all of the classes you think will apply to your brand in your first application and just to avoid paying that application fee again okay so once we have our class we can start our research now remember the purpose of the research is to identify whether there are similar trademarks in the same class as ours if there are then we can increase our chances of success by creating a unique logo containing the word we want to trademark if they aren't then we can assume that our chances of success of trademark in the word alone will be high enough and I'll discuss later on why trademark in a standalone word is more beneficial than trademark in a logo if possible so let's begin by going to the trademark register we can do this by searching search trademark on Google and you can click this top link here and then we can follow keyword phrase or image so we're going to be searching by keyword so once you're on to this page search for trademarks which is similar to yours simply by typin


Thanks for your comment Roxana Prasser, have a nice day.
- Efrain Bednarek, Staff Member


Comment by Hayden

Thanks for this interesting article


Thanks Hayden your participation is very much appreciated
- Efrain Bednarek


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