In the UK, registering a trademark is one of the best opportunities you will have to protect your brand. However, registering a trademark can be a complex legal process as it requires communicating with the UK Intellectual Property Office (UKIPO). Even the slightest oversight, like applying under the wrong UK class or not including an essential piece of information, can lead to a delay, a rejection, or a complete loss of your mark’s legal protection. The trademark experts at Farahat & Co. assist businesses in registering trademarks in the UK and also ensure that the remaining legal work is compliant and complete. To help avoid the most common errors, this article lists the ten most common trademark registration mistakes made by businesses in the UK.
- Not Performing a UK Trademark Search
Failing to complete a preliminary trademark search is one of the most common mistakes made by trademark applicants. Every business that tries to register a trademark must ensure that the UK trademark register does not contain any identical or confusingly similar trademarks. UKIPO provides an online database that should be used to search for potential conflicts before any application is submitted.
- Opting Between Descriptive and Non-Distinctive Marks
The UKIPO will refuse registration of marks that are overly generic, overly descriptive, and hence non-distinctive marks, e.g., ‘Best Shoes’ or ‘Fresh Milk’. Your mark must be distinctive enough to separate your business from others in the same industry.
- Selecting Trademark Classes Incorrectly
Trademarks in the UK are registered using the Nice Classification System, which categorizes goods and services in different classes. If you file under the wrong class, your brand will not be protected in your specific area of business. You must choose all appropriate classes to provide comprehensive coverage for your goods or services.
- Misreporting Ownership
Trademarks must be registered in the name of the correct legal steward, whether it be an individual, a partnership, or a corporation. If you file under the wrong entity, it may pose serious potential ownership conflicts, particularly during transfers of renewal or ownership of the trademark.
- Overlooking Trademark Conflicts Abroad
If your business is currently operating or looking to operate outside of the UK, you need to take potential conflicts of trademarks in other countries into account. Trademark registration in the UK doesn’t mean international protection. You can use the Madrid Protocol to apply for protection in several countries with one international application.
- Overlooking Representation Requirements
If you are applying from outside of the UK, you need to appoint a nominated UK representative or UK trademark attorney to represent you before the UKIPO. Not doing this will mean your application will be rejected.
- Submitting Without Legal Review
Understanding UK trademark law’s complexities requires professional legal assistance. Without this, risk of misclassification, poorly assembled filings, omissions, and misapplied legal jargon. Trusting UK trademark attorneys increases compliance, precision, and the possibility of acceptance.
- Missing Renewal or Response Deadlines
A UK trademark lasts for a decade and can be extended indefinitely. If you don’t respond or miss renewal dates, you risk the trademark right being revoked. Create and stick to a trademark renewal calendar to ensure you always protect your brand.
- Failing to Enforce Your Rights
Registering a trademark gives you the right to use the trademark. Losing passively by using a trademark or failing to take action against trademark use by 3rd parties can dilute your brand. Protect your trademark by annually monitoring the UKIPO register and various online channels.
- Attempting a DIY Registration
A UK trademark professional will ensure that your application receives the right classification, is properly compared, and is resilient to challenges.
How Can Farahat & Co. Assist
Our UK trademark attorneys and trademark consultants provide seamless assistance at every step of the registration process, which includes,
- Conducting trademark searches and assessing potential conflicts.
- Preparing, submitting, and monitoring UK trademark applications.
- Managing objections and oppositions from the UKIPO.
- Managing and renewing trademark portfolios.
- International trademark applications for businesses looking to expand.
With many years of experience in UK and global intellectual property law, Farahat & Co. provides registration services while ensuring compliance, efficiency, and cost-effectiveness.
Protect your brand!
Reach out to Far Consulting Middle East for UK trademark registration and brand protection services.
FAQs
- What does a trademark protect in the UK?
It protects your brand name, slogan, symbol, or logo that distinguishes your services or products in the market.
- How long will it take to register a trademark in the UK?
The UKIPO trademark process typically takes 3–4 months, subject to there being no objections or oppositions.
- Can I apply for more than one class?
Yes. You can cover several UK trademark classes, but fees increase with each additional class.
- What happens if my application is rejected?
You may amend, appeal, or refile with the help of UK trademark lawyers who are experienced in the UKIPO process.
- Why should I pay for a professional to file a trademark?
Employing UK trademark experts ensures full compliance with UK trademark process rules, reducing the risk of rejection and saving valuable time.
