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

Once an application is accepted by the United Kingdom Intellectual Property Office (UKIPO), there are three separate phases to the trademark registration application process. The first is the "Data Capture" phase. UKIPO examiners check that the application is complete and has all required information. This includes the proposed trademark, any goods or services for which the proposed trademark will be used, the applicant's contact information and signature. Should the form be incomplete or any other problems be found by the examiners, they will contact the applicant. Importantly, once the application is accepted, any application fee will not be refunded. Also, after the application is filed with UKIPO, no alteration of the proposed trademark is possible.

After the applicant's information is "captured" and entered into UKIPO's database, such details are available to be viewed by the public. This information includes the applicant's name and home address. Should an applicant not want his or her home address published, the applicant can provide either an alternate address or a PO Box number. Within 6 working days of filing the application, the applicant will receive a filing receipt and an application number. The application number allows the applicant to follow the processing of his or her application on UKIPO's website.

The application next moves to the second, "Examination" phase. A UKIPO examiner uses the Trademarks Act Rules as the basis of this examination. More information about these Rules is available on UKIPO's website. The result of the examination is sent to the applicant normally within 5 - 10 working days after the application is received. This report states that the application either is acceptable or not acceptable. In the latter case, any objections or questions the examiner has are included. The applicant may then contact the examiner directly but note that there is a deadline by which the applicant must respond.

The examination report will inform the applicant should there be any other, already registered trademarks similar to that submitted by the applicant. In this case, normally a two-month period is granted for discussion between the applicant and the examiner. Should the applicant choose to proceed with the application, where there is other, similar, trademarks, UKIPO will notify the other trademarks owners, advising them of the new application.

The final phase is "Publication." Once approved, the application and all its original details (including the applicant's name and address) are published in UKIPO's weekly Trademark Journal. Next is a two-month period of inactivity, during which anyone owning an earlier, already registered trademark may contest the new application. The two-month period may be extended to three months. One important point for applicants

is that if the application is successfully opposed, the proposed Trademark Registration will be denied. Also, the applicant may have to pay any costs associated with the opposition process. Should there be no opposition; the proposed trademark will be officially registered. The applicant will receive the official registration certificate in a few weeks.