The UK registration allows a trade mark to be protected within the UK. This registration means you will have legal protection against third parties that do not have consent for using the same or similar marks for identical or similar goods and/or services. A mark has to be registered within the UK for it to gain registration in EU or under the Madrid Protocol & Agreement.
A registration cannot be guaranteed, as the trade mark has to satisfy a number of criteria. The use of a free search of currently registered trade marks, offered by Maxwell Alves Solicitors, allows greater probability of a successful registration. Fees are non-refundable on an unsuccessful registration.
A UK registration allows the proprietor to use a ® sign when trading within the UK, displaying the fact that the trade mark has been registered.
Once registered, the trade mark will be published in the Trade Marks Journal for a period of two months (which may be extended to three months); within this time anyone is allowed to object to the trade mark. However, if unopposed or an objection is rejected, then the trade mark will be registered as of the filing date, which is the date of receipt of the application.
The basic steps to trade mark registration are as follows:
- Design and choose your trademark.
- Decide the type of goods and services that your mark is to be applied.
- Place order with Maxwell Alves Solicitors and we will carry out trademark searches to ensure that your mark is not in direct conflict with any existing marks.
- Filing application (2 – 3 months).
- Substantive examination of application and examination report (iterative process 3 weeks – 2 months).
- Publish in Trade Marks Journal (third party ability to raise objections within 2 months of publication).
- Registration of trade mark complete.
Registration within the EU allows a trade mark to be protected within all the 27 EU countries (on acceptance of a CTM-Community Trade Mark, the mark has protection in all countries and no single country can deny this registration), a mark must however be registered in the UK prior to an EU registration, both of these services are offered by Maxwell Alves Solicitors.
A registration cannot be guaranteed, as if there is an existing mark that is similar or identical to your mark then the registration may be rejected by OHIM (Office of Harmonisation in the International Markets), on refusal application fees are not redeemable, the applicant is able to remedy the objection within two months, and if not remedied within two months the application will provisionally be refused, these can be appealed against.
After a successful examination, the mark will be then be published and without further opposition, it will then be registered. The filing date will be date or receipt of application at OHIM.
An EU CTM (Community Trade Mark) is valid for ten years, after which the trade mark to be renewed for indefinite periods of ten years.
Established mark in UK.
- Place order with Maxwell Alves Solicitors for established mark under same or fewer classes.
- Filing application of trade mark for CTM within EU.
- Examination of trade mark, with received confirmation of existence from UK Intellectual Property Office
- Published in Part A of the Community Trade Mark Bulletin (third parties have a 3 month period in which they can oppose the mark)
- Registration of the Trade Mark is complete