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Written by : Xavier Rossi |
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the main reason for choosing trademark registration in the uk is that without registering your trademark you will never know for sure whether you are allowed to use the trademark in the uk and you will not inadvertently commit trademark infringement the cost of trademark registration in the united kingdom depend on the number of nice classes that are relevant to the trademark most marks need one to three classes but it is possible to get protection in all of classes 1 through 45 of the nice classification the national filing process in the uk takes about four months and has five steps namely one application via tm3 or etm3 form two assessment of formal requirements absolute grounds and classification three publication of the trademark application four opposition period of two months five registration of trademark the most important requirement for brand registration in the uk is that the brand must be unique also as in most other countries worldwide it may not describe the goods or services for which it is registered nor should it be misleading a trademark in the uk can then consist of the following characters words sounds logos colours combination of the above in addition the requirements state that the trademark in the uk may not be in conflict with good morals for example it cannot be a pornographic image be offensive or contain bad words after you submit the trademark you will receive an answer within 20 days via an examination report if any you will then have two months to solve the problems described therein if the researcher does not find points for the depot to be adjusted the trademark is published in the uk register and older marks are given two months to object if no objection is made the trademark is registered a trademark registration in the uk lasts 10 years and can then be renewed each time for periods of 10 years it is very important that you renew on time otherwise the rights will expire and the trademark registration will expire you can renew the brand from 6 months before is expiry if you forget to renew on time then you still have a grace period of 6 months in which you can still renew you will have to pay and increase tax within this grace period to be able to renew you
Thanks for your comment Nicolas Garrabrant, have a nice day.
- Xavier Rossi, Staff Member
a trademark uh again it is a renewable right so unlike patents uh where we have it for a certain number certain number of years and then the right expires a trademark is what we would call as an infinite right because as long as you renew it you can have you can own a registered trademark for how many of a number of years 100 years 200 years as long as it is renewed so what does the uk trademark and how would you renew a uk trademark so we looked at the registration aspect it is 10 years protection that you get six months prior to the date of renewal and six up to six months after your date of renewal you can renew a trademark if you do it prior to six months there is only a certain set of official fee it is 200 pounds for the first class and 50 for each additional class to renew a trademark if you want to exercise your renewal rights after the expiry date and up to within six months there is a small uh renew sort of late renewal fee that is charged by the uk ipo now the moment the six months uh after your date of renewal has expired there is no way you can restore the trademark that is why making sure that you are keeping track of renewal dates for your trademarks is extremely essential generally a lot of firms in the uk and india use ip databases for this the deadlines come up automatically on those databases and the peep the administrative staff and in the uk the paralegals will generally uh be involved in ensuring that renewals are done on time the fees are paid on time and to basically ensure that the client doesn't lose their trademark rights um however there is one way you can restore the trademark but it is not a ga it is not a guarantee by any means um there is a form that you can file before the uk ipo and this can only be done by post um so let's assume you have surpassed the six months post your renewal deadline there is something called restoration of the trademark you are meant to provide a written statement explaining why you couldn't carry out the renewal again this is a discretionary right of the uk ipo uh the form itself uh there is a fee for the form it's hundred pounds there is no guarantee that the uk ipo will actually restore your trademark application but there is an option to make this application and if the uk ipo is satisfied with that written statement by the applicant basically it will be like a written statement of the applicant that the lawyer will file on their behalf explaining why the renewal wasn't done and then it's entirely up to the uk ipo to actually even consider that but of course one of the downside is the fee that you pay for the restoration is non-refundable so if the application is refused you do not receive that fee back so of course you have to bear in mind this aspect as well um and um for an applicant who has a very valid reason it may be that their trademark application does get restored so this is sort of the last resort and once that application for restoration is rejected or refused by the uk ipo there is no appeal from that rejection or the refusal and therefore technically you have lost the registration of your trademark at that point in time you
Thanks Serina your participation is very much appreciated
- Xavier Rossi
About the author
I've studied sociology of the family at Rockhurst University in Kansas City and I am an expert in daoism (outline). I usually feel bewildered. My previous job was park naturalist I held this position for 3 years, I love talking about mahjong and slacklining. Huge fan of Warren Buffet I practice skateboarding and collect collectible card games.
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