Trade mark registration process

Registering a trade mark will undoubtedly heighten your brands Intellectual Property value. However, many people are unsure as to how to the trade mark registration process works.

Firstly, we always recommend seeking expert help when it comes to filing a trade mark application – here at the Trademark room we can assist you with the entire process! 

Next, you should decide on the marks name and see whether there are any highly similar or identical mark already registered. Once you have finalised the name and carried out the necessary searches, you are ready to file your trade mark application. You can at this point either: a) get the experts to file the application on your behalf or b) do this independently via the United Kingdom Intellectual Property Office (UKIPO) government website.

If you decide to file an application independently,  please ensure to check your brand meets the application requirements and be extra vigilant that the details you submit are correct. This is arguably one of the most important stages of registration process as once filed, the application cannot be amended and the fees are strictly non-refundable. Once submitted, you will receive a confirmation receipt via email – usually sent within 24-48 hours of filing.

Examination stage

Once the application is filed, the proposed mark will be considered by a trade marks examiner who works for the UKIPO. This examiner will decide whether the proposed mark is capable of being registerable as a trade mark. If you are unsure as to what can and cannot be registered as a trade mark, click here to find out more. This stage usually takes between 2-3 weeks but can vary depending on the UKIPO’s work load at the time of filing.

Publication stage

Once the UKIPO examiner accepts the mark are being capable of registration, the application then goes through to what is known as the ‘publication stage’. This is where the proposed mark will be published in the Trade Marks Journal for a period of two months for any potential oppositions. At this point, if there are any existing registered marks which the examiner will regard as confusingly similar, they will notify the marks owner of the application. It is then down to the owner of the mark to decide whether they would like to proceed with filing an opposition. The UKIPO website indicates that only 5% of trade mark applications get opposed however, if opposed and the opposition goes through with success, the application will be refused. If the application is not opposed, it will then move on to the final stage.

Registration

Once the examination and publication stage goes through without any issues, the mark is now ready to be registered. The owner (or their representative) will be notified regarding the publication period coming to an end which signifies that the mark has been successfully registered. Following through, the examiner will generate the trade mark certificate and have this sent within two weeks of the end of the publication period.

If you have any questions regarding the trade mark registration process or have any questions about trade marks, contact the Trademarkroom today!