Kara Sears
Trademark law in the UK is governed by the Trade Marks Act 1994, which defines a trademark as capable of being represented in the register in a manner that enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor. Trademarks can be names, words, phrases, logos, symbols, designs, images, sounds, signatures, or any combination of these elements. They distinguish a business's goods or services from those of other traders. The registration of a trademark in the UK usually takes around three to four months and must be renewed every ten years. The UK's trademark legislation also allows for unregistered trademarks to be protected through the common law tort of 'passing off', where it can be proven that goodwill has been established in the business associated with the unregistered trademark.
| Characteristics | Values |
|---|---|
| Definition of a trademark | A trademark can be a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements. |
| Registration authority | UK Intellectual Property Office (UKIPO) |
| Registration time | 3-4 months |
| Registration validity | 10 years |
| Registration benefits | Protects your brand, gives monopoly rights to use the trademark in relation to the goods/services for which it is registered, and allows you to take legal action against infringers. |
| Registration requirements | The trademark must be distinctive. |
| Legislation | Trade Marks Act 1994, Trade Marks Rules 2008 |
| Protection for unregistered trademarks | Common law tort of passing off |
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What You'll Learn
History of UK trademark law
The history of trademarks in the UK reflects the evolution of commerce and legal systems from medieval times to the modern era. Medieval guilds used marks to signify the quality and origin of goods, and to regulate commerce. Craftsmen, such as silversmiths, were mandated by a law passed in 1363 to use assay and makers' marks. These marks indicated the maker's identity and helped assure quality.
Traders, shops and merchants have also used unique symbols and markings for their products for centuries. For example, barber shop poles and product symbols. However, it was only during the last 200 years that guidance and legal directions were created and implemented. The Merchandise Marks Act of 1862 was the first legislative attempt to regulate trademarks in the UK. It specifically made it a criminal offence for anyone to copy another's merchant mark to make money.
In 1875, the Trade Marks Registration Act established a formal system of registration for trademarks at the UK Patent Office. Registration began on 1 January 1876, with Bass Brewery registering its distinctive red triangle—a trademark that is still in use today. The 1875 Act also defined a trademark for the first time, ensuring there could be no legal misunderstanding of the term.
The Patents and Trade Marks Act of 1883 substantially revised trademark law by reducing the cost of application and allowing the registration of "fancy words not in common use" and brands as new marks for the first time. Further major trademark acts were passed in 1885, 1905, 1914, 1919, 1937 and 1938, which refined definitions, introduced procedures for opposition and cancellation, and harmonised UK trademark laws with emerging international standards.
The Trade Marks Act 1994 is the current primary legislation governing trademarks in the UK. It implemented the European Union's First Council Directive and modernised UK trademark law to align with European Union standards. The Act emphasised the importance of trademarks being distinctive and non-deceptive, and expanded the definition of what could be registered to include sounds, colours, shapes, and 3D designs.
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How to register a trademark
In the UK, trademarks are registered with the UKIPO (UK Intellectual Property Office) for legal protection. A trademark can be a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements.
The process of submitting a trademark application in the UK can seem daunting, but it is a straightforward process. The UK IPO provides a search tool that can help you check existing trademarks. This step can save you time and money by avoiding rejected applications. Once you’ve confirmed that your trademark is unique, you can file your trademark registration application with the UK IPO. You’ll need to provide the trademark, the goods or services it will be used for, and details about your business.
The UK IPO has specific requirements for what qualifies as a valid trademark. These are:
- Distinctiveness: The mark must be unique and distinguish your goods or services from others.
- Not descriptive: The mark can’t directly describe the goods or services you offer.
- Non-offensive: Offensive or misleading trademarks will not be accepted.
- Non-conflict: Your trademark can’t be too similar to an existing one in the same industry.
Registration usually takes about three and a half to four months. However, this time span can be greatly increased if any objections are raised by owners of similar registered trademarks or by the UK IPO. Once a trademark is registered, it is kept on the register for ten years, after which it needs to be renewed to preserve the owner's rights over it. It can also be allowed to lapse. Trademarks are registered in one or more of 45 classes. There are 34 classes of goods and 11 for services.
The basic application fee is £170 for one class of goods or services, with an additional £50 for each extra class. If you’re hiring a trademark attorney or professional to help with the process, you’ll need to factor in their fees as well.
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Defending a trademark
In the UK, a trademark can be a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements. Trademark law in the UK has existed in some form for centuries, with the first trademark registered under the Trade Marks Registration Act 1875. The current UK trademark legislation is the Trade Marks Act 1994, which gives powerful rights to proprietors.
Trademark owners can defend their mark against infringements, but the extent to which this is possible depends on the similarity of the trademarks and the products or services involved, as well as whether the trademark has acquired distinctiveness. A registered trademark is easier to defend in court than an unregistered trademark, which relies on the law of passing off.
To defend a trademark, it is important to be proactive and conduct thorough searches for similar or identical trademarks before launching a product or service. This can be done through the Intellectual Property Office's database or with the help of a trademark lawyer. If there is a potential conflict, it is possible to contact the owner to discuss permission or licensing options.
If someone accuses your business of trademark infringement, there are several defences available. These include having your own trademark registration, using descriptive terms honestly, or if the claimant delayed enforcement for five years (acquiescence). It is also a defence if you can demonstrate that you were using a sign before the claimant registered their trademark and have accrued rights in the locality where the trademark is used.
If your trademark is registered, you have the exclusive right to use it in relation to the goods and services listed on your application. This provides a valid defence against trademark infringement. Additionally, if someone wishes to accuse you of infringement, they must first object to your trademark through the Intellectual Property Office to have your registration removed.
To defend your trademark application, you may need to seek legal advice from professionals specialising in Intellectual Property (IP) rights. Mediation is also an option to resolve disputes without going to court, which can be cheaper and quicker than litigation.
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UK trademark registration bodies
Trademark law in the UK allows traders to protect their brand by registering a trademark. A trademark can be a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements.
Trademark registration in the UK is governed by the UK Intellectual Property Office (UKIPO). The UKIPO examines trademark applications to determine whether they are distinctive enough to be registered. An inherently distinctive mark with no prior meaning is the easiest to register. This type of mark will not be found in dictionaries, for example, 'iPod'. Words that appear in the dictionary can still be registered, but they are more challenging to register as the registrar needs to prove that the mark has become distinctive through long-term use.
Registration usually takes about three and a half to four months. However, this time span can increase significantly if any objections are raised by owners of similar registered trademarks or by the UKIPO themselves. Once a trademark is registered, it is kept on the register for ten years, after which it needs to be renewed to maintain the owner's rights. Trademarks are registered in one or more of 45 classes, with 34 classes for goods and 11 for services.
If you are also interested in protecting your trademark in other European countries, you can apply for a European Union Trademark (EUTM). The EUTM system covers the 27 European Union countries. There is also the Madrid Agreement and Madrid Protocol systems, which cover a range of countries.
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Trademark renewal and maintenance
Trademark law in the UK has existed in some form for hundreds of years, with traders using symbols or marks to indicate the origin of their goods. The Trade Marks Registration Act 1875 was the first act that made it possible to register trademarks for any type of good. The current UK trademark legislation is the Trade Marks Act 1994, which grants powerful rights to proprietors and is viewed as an important and valuable asset.
If a trademark is not renewed, it will lapse, and the owner will lose their exclusive rights. In some cases, trademarks that have expired for less than a year can be restored by post, but this requires a written statement explaining the delay and may not be refunded if refused. Trademark owners can also reduce the number of classes at the time of renewal to simplify their trademark portfolio.
To maintain a strong trademark, proprietors should actively monitor the market and enforce their rights against any infringers. Trademark owners can oppose the registration of similar marks, send cease-and-desist letters, and take legal action against those who infringe their trademarks. Additionally, trademark maintenance includes ensuring that the mark is used correctly and consistently in advertising and media coverage.
Trademark protection can also be extended internationally. For protection within the European Union, trademark owners can apply for a European Union Trademark (EUTM), which covers 27 European countries. Alternatively, the Madrid Agreement and Madrid Protocol systems offer international trademark protection beyond Europe.
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Frequently asked questions
A trademark is a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements that distinguishes a business from others.
You can register your trademark at the UK Intellectual Property Office (UKIPO). The UKIPO will examine your application and decide whether the trademark is distinctive enough to be registered. Registration usually takes about three and a half to four months.
Registering a trademark in the UK gives you the right to take legal action against anyone who uses your brand without your permission and puts the ® symbol next to your brand to show that it’s yours. It also makes it relatively simple to defend your trademark in a court of law.
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