Registered trademark uk law [Fact-Checked]

Last updated : Sept 28, 2022
Written by : Houston Maloof
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Registered trademark uk law

Do you have to use registered trademark symbol UK?

Under UK law, there is no requirement that a business must register a trade mark before it can use it as one or say it is a trade mark.

What is the difference between protected and registered trademark UK?

For those new to intellectual property (IP) law, the difference between a trademark and copyright in the UK may not be immediately obvious, however, they both serve very different purposes. One difference is that trademarks must be registered, whereas, in the UK, there is no requirement to register a copyright.

How long does a registered 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. You cannot renew online if your trade mark expired more than 6 months ago.

What does having a trademark mean UK?

Trademarks are badges of origin. They distinguish the goods or services of one trader from another and can take many forms; for example words, slogans, logos, shapes, colours and sounds. Trademarks are registered for specific goods or services within individual subjects, known as classes.

Do I need to trademark my business name UK?

There's no legal requirement that forces you to trade mark your business or brand name (logo). In fact, you can have what are known as 'common law' rights to your business name without formally registering it.

What happens if someone uses your trademark name UK?

You can usually get permission to use someone else's intellectual property ( IP ) by buying the rights from them or getting their permission to use it. Using someone's trade mark, patent, copyright or design without their permission is known as ' IP infringement' and could lead to a fine, prison or both.

How do registered trademarks work?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

Is UK trademark first to file?

The UK is a First-to-File Country The United Kingdom grants trademark rights to the first business or individual to file a trademark application. While you may have some rights to your mark simply by using it in the UK, those common law rights are very limited and may be challenging to prove in court.

How do Trademarks Work UK?

In the UK, a trade mark registration gives the proprietor the exclusive right to use the registered trade mark on those goods or services for which it is registered. A registration also gives the owner the right to stop others from using confusingly similar marks for their goods or services.

Can I lose my trademark?

The Loss of Trademark Rights You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

What happens if a trademark is not renewed?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.

What rights does a trademark give you?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

What does a trademark protect UK?

You can register your trade mark to protect your brand, for example the name of your product or service. When you register your trade mark, you'll be able to: take legal action against anyone who uses your brand without your permission, including counterfeiters.

What words Cannot be trademarked UK?

The following content is not eligible for a UK trade mark application: Offensive content e.g. something containing swear words or inappropriate imagery. A term that directly describe the goods or services it relates to e.g. the word 'food' could not be part of a trade mark for a food production company.

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

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.

Why should I trademark my business name?

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.

How long do trademark last What can I do if somebody is using my trademark?

Section 135 of the Act provides relief in the civil suit of trademark infringement. The court can grant a permanent injunction preventing/restraining the person from using the registered trademark. The court can also award for paying the damages caused by the unauthorised usage of trademarks.

What are the consequences of trademark infringement UK?

Trade mark act 1994 6 months and/or a £5,000 fine. 10 years and/or a fine. 6 months and/or a £5,000 fine. 10 years and/or a fine.

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Registered trademark uk law

Comment by Shayne Loia

registration certificate please find enclose your trademark registration certificate for your trademark detailed above hey everyone thank you so much for clicking yet another video and welcome if you're new my name is teddy g and this channel is all about me taking you guys along for the journey with me as i build this cloning brand if you're new here please guys consider subscribing i upload videos twice weekly and i'm actually relatively consistent so please consider subscribing so i have a business mentor and when my mentor first came across my brand and its name the first thing he said to me was make sure you get that name and that logo trademarked and so i did and i did it successfully by myself no legal experience no experience in trademarking whatsoever i just went on the gov website and i did it myself and in this video i'm going to be talking to you guys about how i did that the process and all that kind of jazz so let's get into it so i trademarked my brand name and its logo using the gov website there's a whole host of things on that website it's a massive website and on there as well you can trademark and protect your intellectual property and it was a relatively simple process that i feel like anyone could do and for those of you that may not know what trademarking is it's basically a process that you can do in order to protect your intellectual property so you can protect the name of your brand you can protect your logos you can protect certain kinds of patents that sort of things so that's what trademarking is as a whole it cost me 170 pounds to do at the time which is pretty expensive especially when you're starting out but it's worth it in my opinion but i'm gonna touch on that later so the first thing i did when i wanted to actually trademark my brand name is i went onto the golf website and i searched to see whether there was any brands or companies out there that had a similar name especially in a similar class to the one that i was about to trademark in so on the golf website you can actually like see a whole database of all the different names and logos that have been registered for a trademark in the uk or have been attempted to be registered so when i made my search i searched over all the classes and a class is basically a description or scope of the goods or services that you're looking to trademark so for example class 25 is clothing so clothing headwear and footwear so when i did search over all the classes one trademark did actually come up and it did rattle me a little bit because i didn't understand why it came out because it didn't have anything similar to anything that i wanted to do and it was under the class of fitness and body cellulite and fitness gym or something along those lines and the company was actually based in france so this did rattle me a bit because i was thinking oh my gosh like why has this come up is the name similar i didn't quite understand but still i was like you know what i'm just gonna go ahead and do a bit more research and look into actually trademarking my brand name anyway despite the fact that something did actually come up the next thing i did was i got a little bit nosy so obviously i'm aware of a lot of different brands especially small brands from instagram from doing pop-ups and stuff like that and i actually went on there and i researched all those small brands to see whether they had actually trademarked their buy logo logo you know their band logo or their like brand name and quite a few that i knew came up and they had registered and all was scared and i was like oh my gosh so this is actually a thing that people do like i thought i was going in there just being you know like all like what i mean not knowing that this is actually a thing that most brands do but what then triggered my next line of research is when i researched one particular brand they had registered for a trademark but he had been rejected and i didn't even know like things like that could happen and i didn't know that on the database you will be able to see what trademarks have been rejected what trademarks have been submitted and withdrawn all of it stays on this public database so when i saw that that particular brand had been rejected it sparked me to do a bit more research into why trademarks get rejected because i was like i don't want to spend 170 pounds for my trademark to be rejected and i know that that 170 is non-refundable so that's the price of the application like once you make that application that money is gone it's gone i also wanted to make sure that what i was trademarking wasn't gonna potentially commit any of these offenses that might not let it qualify for trademarking so upon my research i'm gonna share with you guys some of the things that may potentially get a trademark rejected so obviously like the bait one would be if your trademark is too similar to another thing that's trademarked so that's the bait one obviously you can't trademark something that's already been trademarked you can't trademark something that isn't distinctive so it doesn't have a distinctive word it doesn't have a distinctive logo but i feel like this is a little bit ambiguous because what is distinctive so that is another reason why your trademark could get rejected and also you can't trademark something that would be in the best interest of the public to be able to use and i'm guessing this would be something along the lines of like you could trademark clothing for example because a lot of clothing brands call their clothing brand like the name of their brand and then clothing so then if you trademark clothing it means those people can't use clothing i believe that's what they mean by you can't trademark things that are in the best interest of the public to be able to use and also you can't trademark things that are too generic again really ambiguous but that's one of the things that came up when i done my research after i carried out that research i was pretty confident that my brand name and logo didn't commit any of these offenses so i did decide to proceed and go on so i know for a fact that if you're looking to trademark anything make sure you carry out as much research as possible especially if you're looking to do it yourself so once i was happy and i felt like i had enough information i went ahead and processed my application to register the name of my brand and two logos and i registered it under two classes so obviously the clothing class and i can't actually remember the other class i registered it under but you know it made sense to me why i registered it under another class as well so i completed the application in august of 2018 and typically it takes about four months or three to four months for them to review your application and in this time people can come along and like contest it so after going through that entire process my trademark was and the correct term is filed registered it was put on the register in november of 2018 so that was approximately three months so it took about three months for my trademark to be accepted and i've got this like thick thick like letter with al

Thanks for your comment Shayne Loia, have a nice day.
- Houston Maloof, Staff Member

Comment by Erich

what will happen to the EU trade marks after brexit am andre Mincha fan if you're wondering how the United Kingdom will treat trademarks registered or applied for in the European Union and what you should do about it then you're watching the right video because you're about to find out just that whether you're happy that the UK has finally gained its freedom from the tyranny of the European Union yay or if you think it's the biggest mistake ever boom or you just don't care about European politics the fact remains the same the brexit just happened the United Kingdom left the European Union and 11:00 p.m. GMT on January 31st 2020 the UK Parliament and the European Parliament have finally ratified the withdrawal agreement between the UK and the EU which means that it's not a no deal brexit so the UK will now enter into a transition period until December 31st 2020 the UK government has declared that it will not agree to any extension of this transition period and during this transition period the UK will remain part of the EU single market and customs union also unless otherwise will be provided in the withdrawal agreement EU law will continue to apply to the UK and most references to EU member states in applicable EU legislation will apply to the UK however the UK will no longer be entitled to participate in the elections decision-making and governance of EU institutions bodies offices and agencies all right so what does this all mean for EU trademarks and Trademark applications first of all if you own a European Union trademark that gets registered by December 31st 2020 so and of this year December 31st 2020 you will automatically acquire a corresponding reg and fully enforceable UK trademark at no extra charge now here's what this means now I'm shooting this video in early February of 2020 European trademarks only take a few months to register without an office option now what this means is that if you want to register your trademark into you and get a free extension of your trademark registration to the UK now is the time to do it you can still make it before December 31st of 2020 now don't tell me I didn't warn you if you wait too long because I did I just did now if your au trademark application registers on or after January 1st of 2021 you're out of luck applications that are still pending after December 31st of 2020 will not be converted into corresponding UK applications automatically now the only thing you're gonna get is a grace period until the end of September of 2021 now if you file your UK trademark application during this grace period you can claim the filing priority date back to the filing date of your EU trademark applications for example you file your au trademark on the day that trademark factory will be celebrating its ninth birthday on August 31st of 2020 right so let's say you file your au trademark on August 31st 2020 and it doesn't register in the EU by December 31st 2020 it means you have no protection of your brand in the UK unless you file your trademark application in the UK directly so let's say sometime in April of 21 you realize that whoops your brand is not only not protected in the as your competitor has applied to register your brand is their trademark in February of 2021 okay and so what this grace period does it gives you the right to file your trademark application in the UK let's say April of 2021 and claim priority of your trademark application in the UK back to the date of your EU trademark application that means that for all intents and purposes your UK application will be deemed to have been filed on August 31st 2020 in other words your UK application will be deemed to have been filed before your competitor filed their trademark in February of 2021 but really once again it would be much easier and much cheaper for you to just father EU trademark application ASAP and get it registered before December 31st 2020 this way you will get your UK trade mark registration automatically at no extra charge now if you do get the UK trademark - right from your new trademark registered before December 31st 2020 then such corresponding UK trademark will have the same renewal dates and filing priority dates as the registered EU trademark from which it derives now from that point on you would need to renew the UK trademark according to UK rules separately from the EU trade law right so your corresponding UK trademark will not be at risk of cancellation before December 31st 2020 even if you don't have any genuine use of the brand in the UK however if you continue not to use the mark in the UK your new UK trademark can then be cancelled for non use as always just starting from 2021 now so here are the action steps for you if you're a business owner if your Branagh if you already have a registered trademark in the EU relax you will be getting your UK trademark automatically all you would need to do is make sure you renew your UK trade mark at the same time as your EU trademark simply renewing your EU trademark would not renew your corresponding UK trademark okay you have a pending trademark application indeed you know keep an eye on it to make sure it registers by December 31st 2020 if it does then once again relax this new trademark will also trigger a corresponding UK trade mark registration at no extra charge now if you have a pending trademark application in vu and it doesn't register by December 31st 2020 then in order to protect your brand in the UK you would need to file a separate trademark application in the UK directly you can claim priority of your UK trade mark application back to the filing date of your EU trademark application as long as you file your UK trade mark application before the end of September of 2021 so before September 30th 2021 now if you do not have a pending trademark application in the EU but would like to protect your brand in 27 European countries and in the United Kingdom then what are you waiting for now is the time in fact we are quickly approaching the time after which it will be too late for you to jump on the bandwagon so if Europe is potentially on your radar as one of your target markets make sure you file your you trademarks ASAP and yes trademark factory can help you with that we will offer you the same deal as for other countries that is a comprehensive trademark search to determine if your brand is trademark herbal a single flat fee that will take care of the entire process from start to finish and a one out of percent money-back guarantee in case your trademark application doesn't get registered don't wait book your free call with one of our strategy advisors right now just go to trade my factory comm and fill out the form to book your call right now until then I will see you in the next video

Thanks Erich your participation is very much appreciated
- Houston Maloof

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