Introduction of UK Trademark Registration
Ⅰ. Introduction
A trademark is a sign or text capable of being represented graphically, and which distinguishes the goods or services of one company from those of others. A trademark may consist of words, designs, logos, or combinations of letters and/or numbers. Trademarks are used to uniquely identify a company and its products and services to its customers, to distinguish the company and its products or services from those of its competitors, and as an important tool in the branding of a company. A trademark is a type of industrial property which is distinct from other forms of intellectual property.
Ⅱ. The Advantages of Registering Trademark
Trademarks are an important tool in the branding of a company's products and services. Once the trademark is registered, and thus legally protected, companies can invest in the establishment and marketing of a brand to increase its market share and public profile, confident in the knowledge that no other company can legally take advantage of the identity and good will associated with the brand.
Once a trademark has been registered, the owner of the trademark is legally protected from the possibility of another company using this trademark, or from taking advantage of the good will, or marketing expenditure which is associated with it. A well-developed trademark is itself a commodity, the owner of a trademark may sell it at any stage, but once it has been sold the original owner will have no further legal claim to it; the owner of a trademark may, while retaining ownership, license the trademark to a third party, which will empower the third party to trade or offer services under the brand. Licensing usually involves payment to the owner of the trademark for the right of its use, and is governed by a licensing agreement which limits the uses to which the trademark may be put, the duration of the license, and establishes product and service standards which must be met while conducting business under the trademark.
Ⅲ. Documents Required
a. Full name and address of applicant.
b. Country and state, if appropriate, of incorporation of the applicant.
c. Trade Mark.
d. A good representation of the logo or design.
e. Indication of Goods and Services sold or to be sold under the Trade Mark (all goods/services placed in 45 classes).
f. Details of application on which Convention Priority is to be claimed.
Ⅳ. Application Process
UK Trademark Design→ UK Trademark Search →UK Trademark Application →Acceptance of UK Trademark Application →UK Trademark Examination →UK Trademark Publication →UK Trademark Registration
Allow around eight months from the start of the process to the issue of a Registration Certificate. The following are the main steps in that procedure:
Step 1: You can conduct a search to determine if the mark is free to use and register (although this is optional). A basic text search can be done online for free. However, such text searches are very limited and cannot be relied upon to determine whether the mark is free to use and register. We recommend a full availability search as this will search both similar and identical trade marks. This is a service the Trade Marks & Designs Team at WEBOND can perform.
Step 2: File your application with the UK Intellectual Property Office, either on paper or electronically. Within one week you should receive an official filing receipt. It is important to remember that all rights date back to the day the application was filed and not to when the application is granted.
Step 3: Unless you have requested an accelerated examination, at an additional cost of three hundred pounds, within four weeks of filing you should receive the official Examination Report. This may include the UK Intellectual Property Office's objections if your application is deemed unsuitable for registration. You can respond to these objections and they might be waived. The examination report incorporates an advisory search report relating to prior pending trade mark applications or registrations which the UKIPO feel are in conflict with your application. You can decide to ignore this search and push on with the application or you can counter the citations and argue they are unjustified. You have one chance to counter the citations. If you ignore the search results or are unsuccessful in overcoming the citations, but decide to push on with the application it will progress to advertisement. However, the owners of any UK or Madrid Protocol rights will automatically be informed of the advertisement of your application.
Step 4: Your application will be advertised in the Trade Marks Journal for opposition purposes. Your application will be open to opposition for two months, with the possibility of a one month extension to the opposition period. Assuming no objections are raised to the application, the application should be advertised be advertised within two months of the application being filed. If a formal opposition is filed, opposition procedures can last for two years or more. Many brand owners hire watching services that, like a search engine, will automatically search every published application for potential conflicts. The Trade Marks & Designs team manages a number of trade mark watches spread across the UK, European Union Countries and Worldwide and a detailed cost estimate of this service can be provided to you upon request.
Step 5: Assuming the opposition period is not extended by one month, if there have been no objections in a period of two months from the date when the advert first appeared, the application is granted and a Registration Certificate is issued. This is typically six months from the date of filing.
Ⅴ. The Service Time and Fee
Time: The approximate time for obtaining the certificate is about 12-18months for smooth application. The term of validity is 10 years from the date of filing the application, in which period no extra fee is imposed. Search fee (for one trademark one class): HK$3,000; Application and registration fees: HK$16,600, lump-sum paid when filling in the Power of Attorney.
Ⅵ. Contact Us for More Details:
Tel1: (86.20) 38888181; Tel2: (86.20) 38888980; (You can inquire in English)
E-mail: webondco@gmail.com
QQ: 2850700767 Website: http://www.webond.org/
Address: Room 3305,