Trademark Registration - A Step-By-Step Process Part I

The process of trademark registration has several steps, explained herein. The first step is the initial application. The applicant fills out the application form, either on paper or on-line. UKIPO will next examine the application, and provide advice to the applicant. They decide if the trademark for which application is made is different enough from other trademarks already registered. The period of time needed for registration after the initial application is received is four to nine months. However, this period of time might be substantially longer, if there are objections to the proposed trademark. Such objections could be made either by owners of similar registered trademarks, or by UKIPO.

If UKIPO approves the new trademark, it is then officially registered for ten years. After the initial ten years, the trademark must be renewed to preserve the legal rights of the owner. If the owner chooses, he or she may decide not to renew the trademark. In effect, the owner allows the registration to lapse.

Currently, the UKIPO recognizes a total of forty-five classes for the purposes of trademark registration. Thirty-four classes are for goods while eleven classes are for services. UKIPO assigns a product or service to a particular class based on similarity of function of the product or service.

The cost of an application for trademark registration is 170 pounds for an on-line application, while applying for additional class (es) is 50 pounds per class. If the initial application is made on-line, a 30 pound discount applies. UKIPO also offers a Right Start Service, which includes processing of an application, and one class of goods or services. Under the Right Start Service only, the applicant may pay half the total fee at time of application. The initial cost for the Right Start Service is 200 pounds, and an extra 50 pounds for each additional class for which application is made.

Note that the fee for all paper applications is 200 pounds, which includes one class of goods or services. The 50 pounds fee for each additional class does apply. Paper based applicants are not entitled to apply for the Right Start Service.

Applicants may assist in the registration process by searching the UKIPO trademarks database themselves, to see if the proposed trademark is already registered. This action may save time in the Trademark Registration process. If the proposed trademark is so registered, the applicant must change the trademark so that it is substantially different from any mark already registered. One important point must be understood, however. UKIPO's trademarks database is not designed to provide a comprehensive search. Using this database is a first, limited, step only. After an application is filed, UKIPO's examiners will conduct a complete search.