Prior to using or registering a new UK trademark,  searches should be carried out to check that your trademark is free for use and registration.

We will conduct a free trademark search for IDENTICAL trademarks on the UK and Community Trade Mark (CTM) Registers. Please email your trademark and a list of goods and/or services of interest to Katie Oliver (koliver@albrightpatents.co.uk) or Amie Jordan (ajordan@albrightpatents.co.uk) and we will do this free search for you. Alternatively, use the enquiry form on the left hand side and we will get back to you.

If more detailed full clearance searches for confusingly similar trademarks are required, we offer a range of search packages and can advise upon the most appropriate package for you, along with costs.

In addition to registered trademark searches, Albright Patents encourages you to undertake
your own investigation into the use of “unregistered” Trade Marks, for example, on the
Internet, Yellow Pages, at Companies House and on Social Media sites such as Facebook®and Twitter®.

In order to file your UK trademark application, we require: -

• A copy of your trademark (jpeg images are preferable, if you are protecting a Logo);
• Applicant name and address (this may be a natural person/persons or a legal entity, such as a Limited Liability Partnership (LLP) or a company); and
• a list of the goods and/or services in relation to which the Trade Mark is used or intended to be used. 

If the application claims “priority” from a corresponding foreign trademark application, please provide the filing date, application number and country of first filing.

An official filing receipt is issued by the UK IPO 4-6 days after filing. The filing receipt confirms the filing date, the trademark and the goods and/or services applied for and allocates an application number.

A UK trademark application is examined on: -

1. Relative grounds, i.e. the Examiner conducts a search of earlier trademark applications and registrations with effect in the UK and informs the applicant of those that he considers to be too close to the trademark applied for in his examination report; and
2. Absolute grounds, i.e. the Examiner makes an assessment of whether the trademark applied for is descriptive, non-distinctive or customary in the relevant trade. The Examiner will also consider whether the Mark is "contrary to public policy" (i.e. is it offensive) and if it includes any "specially protected emblems". The "specially protected emblems" include the Royal Crowns, Royal Arms, representations of the Royal family, coats of arms, national flags and the Olympic Symbols. Again, the Examiner will detail any such objections in his examination report.

If examination objection is raised, the Examiner will set a period for the applicant to respond. If we are your Attorney of Record, we will consider the objections raised and advise upon the best way to respond. If you have filed the application yourself, we are happy to review the examination report for you and advise in the same way.

Once the examination stage has been completed, the application will be published in the
online Trade Mark Journal. This two month period is an opportunity for third parties to file
opposition based upon, inter alia, prior registered or unregistered rights. Grounds of opposition include: -    

• lack of distinctive character;
• descriptiveness;
• bad faith;
• the trademark applied for is identical with an earlier trademark and for identical goods or services as the earlier mark;
• the trademark applied for is identical with an earlier trademark and for similar goods or services as the earlier mark;
• the trademark applied for is similar to an eariler trademark and for identical or similar goods or services as the earlier mark;
• the trademark applied for is identical or similar to an earlier trademark which has a reputation;
• the trademark applied for contravenes the law of Passing Off, which protects unregistered trademarks;
• the trademark applied for contravenes copyright, design right or registered designs.

The opposition rate against a UK trademark application is quite low, presently about 5% of all applications published.

If a third party is concerned, they will usually request to extend the opposition period by one month and try to resolve the situation amicably. In most cases, where there is practical distance, issues are resolved without the need for formal opposition. For example, via a limitation of the specification in the trademark applied for or a co-existance agreement.

If opposition is filed, Albright Patents can advise how best to defend your application.

After publication, if the application is accepted for registration, the Certificate of Registration will be issued by the UK IPO. This document confirms the registration details and includes a representation of the trademark, the goods and sevices covered and also, the filing and registration dates. It is important to keep your registration certificate safe because it is not possible to request further copies of the original certificate.

Once the UK trademark application has registered you may use the ® symbol to indicate that your trademark is now registered. This cannot be used until the trademark is registered.

You may also wish to state "YOUR TRADEMARK is a Registered UK Trade Mark of PROPRIETOR". This alerts others to your rights and can act as a deterrent to infringement.

A UK trademark registration lasts forever, provided that it is renewed every 10 years and that it is used in the UK in relation to the goods or services for which it is registered. A UK trademark registration can be subject to action for revocation for non-use, five years after registration.

Albright Patents will ensure that all renewal deadlines are diaried and will remind you when renewal is due - ensuring that your rights are maintained.

In addition to renewal of your trademark registration, there are other steps that you can take to ensure your trademark remains in force and well protected.

• Keep us informed of any changes to your contact details. If your contact details are incorrect then we cannot inform you of upcoming renewal deadlines or other issues surrounding your trademark. For example, the UK IPO will notify us, as your representative, of any later filed trademark applications that they feel conflict with your rights. 
• A UK trademark registration may become vulnerable to revocation for non-use, if it is not used in the UK for a period of 5 or more years. Revocation is not automatic but an action can be brought by a third party, if they wish to remove your trademark from the register and register their own trademark. Faced with a revocation action, you would have to provide evidence of use of your trademark in the relevant five year period. Compiling this evidence can be expensive and time-consuming. In order to reduce this cost, we recommend that you keep records to illustrate use of your trademark. Include examples of advertising, features in magazines, use on the Internet, invoices showing the trademark in use, business cards and brochures.
• It is important to use your trademark correctly and in the format that it is registered. Trademarks should be used in the singular and as an adjective; never a noun or a verb. It is also wise to state that the trademark is registered in the UK.