Trademark registration procedures in the UK after Brexit

Brexit, or the UK (United Kingdom) departure from the European Union, is a historical event that has far-reaching implications for both Britain and the whole of Europe. The Brexit event has created significant changes in the legal system and regulations on intellectual property in the United Kingdom, especially in the field of trademark registration in the United Kingdom.

Overview of the Brexit event

What is Brexit?

Brexit is an acronym for the phrase “Britain Exit”. This is a term used to refer to the event that the United Kingdom decides to leave the European Union (EU). The decision was made after a referendum in 2016, in which a majority of British people voted in favor of leaving the EU.

Some of the reasons for the Brexit event:

• Autonomy: Some argue that leaving the EU will give the UK more autonomy in making legal, economic, and policy decisions.
• Border control: Many people want to restore control of the UK’s borders to limit the flow of immigrants.
• Reduced financial contribution: Some argue that leaving the EU will save the UK a large sum of money contributing to the EU’s overall budget.
• Immigration pressure: The increase in the number of immigrants from other EU countries to the UK has caused many concerns about employment, social protection and pressure on public services.
• EU regulations: Some EU regulations are said to hinder the growth of UK businesses, especially in sectors such as finance and agriculture.

The Impact of Trademark Registration in the UK After Brexit

Before Brexit:

• Common System: The United Kingdom is a member of the European Union. Therefore, the UK trademark registration system is closely connected to the EU trademark registration system.
• Automatic validity: When a trademark is registered in the EU, it automatically takes effect in all member states, including the United Kingdom. This means that businesses do not need to register a separate trademark in each member state.

Or Brexit:

• Independent system: With leaving the EU, the UK has built an independent trademark registration system. This means that businesses that want to protect their trademarks in the UK must file an application directly with the UK Intellectual Property Office (UKIPO).
• No automatic effect: Trademarks registered in the EU will no longer automatically take effect in the UK. In order to continue to protect trademarks in the UK market, businesses need to re-register.

Why is it necessary to have an independent trademark registration system?

• National autonomy:
  • Shape its own policy: With an independent system, the UK has the right to make its own decisions in developing and adjusting intellectual property regulations, in accordance with the needs and socio-economic characteristics of the country.
  • Adaptability: The UK has the flexibility to adapt regulations to meet rapid changes in markets and technologies, without being bound by general EU regulations.
• Protection of the interests of domestic enterprises:
  • Prioritizing domestic businesses: An independent system gives priority to protecting the interests of British businesses, creating a fair and competitive business environment.
  • Reflecting market specificity: Trademark regulations can be adjusted to suit the specifics of the UK market, protecting products and services that are unique to the country.
• Economic development:
  • Attracting investment: An efficient and transparent trademark registration system will attract foreign investment, boosting the economic development of the United Kingdom.
  • Enhance competition: Intellectual property protection helps British businesses improve their competitiveness in the international market.

Guidelines before registering a trademark in the UK

Before registering a trademark for your product or service, you need to:

• Clearly determine: what type of product or service you want to protect the trademark for (e.g. clothing, food, repair services, etc.).
• Check: see if anyone has used the same trademark by looking up the trademark to avoid infringement.

When registering:

• You need to choose: a general group of goods or services (e.g., clothing) and a more specific type of product (e.g., t-shirts, jeans).
• Scope of protection: your trademark is only valid for what you have registered.
• Choose wisely: choose items related to your future business plan to ensure the best benefits.
• No changes after registration: you can’t add more products or services to your application later.

For example, you want to use the trademark for your sportswear line. You’ll select commodity group number 25 and specific items such as “clothing,” “sportswear,” and “workout wear.”

Trademark Registration Procedures in the UK

To proceed with trademark registration, you need to prepare the necessary information such as:

• Trademark details: The word, slogan, or image you want to register.
• Owner Information: The trademark owner’s personal or corporate information.
• Areas of protection: The specific types of goods or services that you want the trademark to be protected

Registration Cost:

• Depends on: Type of registration and number of groups of registered goods and services.
• Serial Application: If there are multiple versions of the same trademark, you can register the series to save costs.
• Check before you submit: You can use the “Get Started Right” service to check your application before paying the official fee.

Cost of Trademark Registration in the UK

Standard Application Form

• Registering a single trademark in a group of goods and services costs £170.
• Each additional group of goods and services costs £50.
• If you are filing a series application, the first two versions of the trademark are included in the fee. You will pay an additional £50 for each additional edition of the brand, up to 6 versions.

Correct Start Application Form

• You pay £100 plus an additional £25 for each additional group of goods and services to check if your application meets the application rules.
• You will receive a report that indicates whether your application meets the rules.
• You will need to pay an additional £100 (plus £25 for each additional group of goods and services) to:
  • Proceed with the application if it meets the rules.
  • Appeal the decision or discuss in detail if your application does not meet the rules.
• You have 28 days to decide whether to proceed with the application, appeal the decision, or discuss.

Trademark Application Processing Process in the UK

• Examination and report: The Intellectual Property Office (IPO) will examine your application and submit the report within 2-3 weeks. This report will clearly state the issues (if any) that need to be addressed.
• Complaint resolution: You have 2 months to resolve the issues outlined in the report.
• Duplicate check: The IPO will compare your trademark with the registered trademarks. If there is a duplicate, you and the existing trademark owner will be notified.
• Publication and opposition: If there is no problem, your trademark will be published. During this time, anyone can object to your application.
• Complaint handling: If someone objects, you have the option to:
  • Deal with the objector.
  • Withdraw the application.
  • Complaints in court (legal costs).

Overview of trademark registration in the UK after Brexit

Brexit has created a major turning point in the UK’s intellectual property system, especially in the field of trademark registration. The UK’s departure from the European Union and the establishment of an independent registration system has brought both new opportunities and challenges for businesses, especially those doing business in this market. Registering a trademark in the UK after Brexit is an important decision for any business that wants to protect its brand in this market. By being well-prepared and seeking the necessary support, businesses can make the most of opportunities and overcome challenges to succeed.