Trademarking a Business Name in the UK
5 Steps on Trademarking a Business Name in the UK
If you have a trademark that is registered in the United Kingdom will protect England, Scotland, Wales as well as Northern Ireland. If you are currently dealing with clients in your business in the United Kingdom or you plan to expand your business shortly, it’s an excellent idea to trademark your company brand in the UK because it is a frequent trade partner of the United States. Take note of these five steps to register for your name trademark within the United Kingdom.
1. Consider the Madrid Protocol or an EU Registration
The Madrid Protocol allows trademark owners to submit one application that can be then used to apply to more than 90 countries comprising those in the United Kingdom. Although the Madrid Protocol may indeed lower the cost of the initial application process, it will not make it easier to register particularly in the UK where there is one of the most efficient registration processes. Additionally, any application submitted via this Madrid Protocol would be completely dependent on the US trademark having been register (and keeping the registration). If you lose your US registration is cancel or canceled, the other countries in which you’ve registered by way of that Madrid Protocol will also be able to end your registration. This is because the Madrid Protocol is best use if you intend to file your trademark in a large range of nations. If you think that the UK is an important location for your business, you must consider making directly filing for the registration done faster and also ensure that the outcome that you will receive for the UK registration is link to the status of your US registration.
European Union also offers the option of a single application
This Community Trademark or CTM is currently a trademark registration option that gives trademark owners protection for their trademarks across the 28 countries that comprise the European Union. When applying for the CTM the registrants pay one cost, rather than an individual fee for each country, which makes it an affordable option to register within Europe. However, due to the uncertainty in the politics surrounding BREXIT trademark owners are wise to file their application for registration in the UK directly and also apply for the more expansive “Community Trademark.”.
2. Work With a Trademark Attorney
It can be difficult to handle the international filing of trademarks particularly when you’re trying to apply for registration with more than one country. While there are some similarities in the trademark laws of each country but there are plenty of distinctions. A knowledgeable trademark attorney can help get the trademark you want for your business ‘ name within the UK. If you’ve had the pleasure of working with a US trademark lawyer to file your first trademark application in the US the attorney often has connections with UK lawyers who are based in the UK and can assist you in the procedure.
DIY filing
Some websites claim to help you by assisting you in DIY filing, however, the savings from doing it yourself could result in more expense in the end. It is vital to know that trademark search programs or websites that are free to the general public aren’t sufficient to find all trademarks that are similar to yours. Similar is the case for monitoring services design to inform you of the possibility that your trademark is being made use of without your consent. In both instances, the tools that are available to trademark lawyers are more sophisticated and you can be confident that the searches and monitoring are complete and conclusive.
3. Complete a Trademark Search
A trademark search conducted in the United Kingdom is an essential step to trademarking your company’s name. Also, it is recommended to work with an attorney for trademarks to finish an initial lookup. Most trademark disputes stem not because of exact matches to the mark, but from trademarks that could create the possibility of confusion on the market. A search on the internet will probably only reveal exactly matching marks, making you open to being liable for any future infringement.
When you, along with your lawyer find that your trademark or something confusingly similar to it, has already been register, you might be able to register it. Contrary to the United States, the UK could approve the registration of your trademark even if it’s a copy of the existing trademark. However, the trademark owner will be informed and may decide to block the registration. Consult with your attorney to decide on the most effective option. It is usually beneficial to alter the United Kingdom trademark before filing. This will help you avoid long legal proceedings for the opposition in the future.
4. Sign up with the UK Intellectual Property Office
- Contact your local United Kingdom Intellectual Property Office for a direct application, or IPO.
- Examiners will examine your application. This process will take about six months. The examiner can make objections if:
- Absolute grounds for refusing the trademark if the trademark is consider to be specific or generic, or is consider offensive
- If the examiner does not have objections and the registration is accept, it will proceed to publication. In this period, anyone who has an existing mark similar to yours will be notified of the registration. It is the sole responsibility of the owner of the trademark to fight the trademark during the publication time.
- If there is no opposition in the case, then the IPO will issue a Registration of Certificate.
5. Maintain Your Trademark
Once your trademark is approve by the IPO and you can begin by using your trademark with the (r) symbol. Make use of this wherever your company’s name is mention, and also any other trademarks you have registered, such as slogans or logos. This will not only give an element of credibility to potential customers but put the public at risk of not utilizing the mark with permission.
If you are in the United Kingdom, a similar brand can register even if your trademark is in use. If a similar mark has been registered in the IPO, you will be notified by the Register at the IPO will inform you at the time of publication. It will be your obligation to act and file an objection against the mark. Failure to do this can result in the loss of your mark. Also, make certain not to renew your trademark within the dates set in the IPO. Your trademark is not expire However, renewals happen every ten years.
Global market
To ensure your company’s name is protecte across England, Wales, Scotland as well as Northern Ireland, you must make sure that your trademark is register with the UK. Know the advantages and disadvantages of signing up via using the European Union or Madrid Protocol. Consult with an attorney do a thorough trademark search and register your trademark. After you have received your Certificate of Registration it is your responsibility to keep it. Be aware of the use of your trademark and then respond to any opposition notices that are sent at your request by IPO. Utilizing and understanding protecting your trademark rights is an integral aspect of your success as a business within Britain. The United Kingdom.
Source: https://legamart.com/articles/business-name-trademark-in-uk/