What is the UKIPO (UK Intellectual Property Office)?

The UKIPO , short for the UK Intellectual Property Office, is the official government body responsible for managing intellectual property rights in the United Kingdom. This includes the registration and protection of trade marks, patents, designs, and copyright. The UKIPO plays a vital role in helping individuals and businesses secure and enforce their intellectual property. 💡 For a full breakdown of what the UKIPO does, how to register a trade mark, and how RevoMark can assist you through the process, read our in-depth UKIPO article here.

[fusion_builder_container type="flex" hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" overlay_color="" video_preview_image="" border_color="" border_style="solid" padding_top="" padding_bottom="" padding_left="" padding_right=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] Trademark Classes - How are trademarks classified? Trademarks are classified into 45 different classes. There are 34 goods classes and 11 service classes. Ensuring that your trademark is protected in the correct classes is imperative. If you register a trademark in the incorrect class then your trademark registration may not give you any protection at all. In most instances you are only likely to find this out during a dispute with a third party in which case it is usually too late. Unless you are specialists like us, properly classifying goods and services can sometimes be confusing and difficult. Choosing the correct classes is merely one of the difficulties that needs to be negotiated. The second aspect is ensuring that the drafted specification accurately reflects the goods and services to be protected. We will ensure that you get the best possible protection by ensuring that you are protected in the correct classes and by drafting accurate and comprehensive specifications. The cost of an application will depend on the number of classes in which it needs to be filed. Each class usually attracts an additional fee. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container admin_label="Trademark Classes Goods Container" type="flex" hundred_percent="no" hundred_percent_height="no" min_height_medium="" min_height_small="" min_height="" hundred_percent_height_scroll="no" align_content="stretch" flex_align_items="flex-start" flex_justify_content="flex-start" flex_wrap_medium="" flex_wrap_small="" flex_wrap="wrap" flex_column_spacing="" hundred_percent_height_center_content="yes" equal_height_columns="no" container_tag="div" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" status="published" publish_date="" class="" id="goods" margin_top_medium="" margin_bottom_medium="" margin_top_small="" margin_bottom_small="" margin_top="" margin_bottom="" padding_top_medium="" padding_right_medium="" padding_bottom_medium="" padding_left_medium="" padding_top_small="" padding_right_small="" padding_bottom_small="" 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center" background_repeat_medium="" background_repeat_small="" background_repeat="no-repeat" background_size_medium="" background_size_small="" background_size="" background_custom_size="" background_custom_size_medium="" background_custom_size_small="" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" background_blend_mode_medium="" background_blend_mode_small="" background_blend_mode="none" background_slider_images="" background_slider_position="" background_slider_skip_lazy_loading="no" background_slider_loop="yes" background_slider_pause_on_hover="no" background_slider_slideshow_speed="5000" background_slider_animation="fade" background_slider_direction="up" background_slider_animation_speed="800" background_slider_blend_mode="" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" pattern_bg="none" pattern_custom_bg="" pattern_bg_color="" pattern_bg_style="default" pattern_bg_opacity="100" pattern_bg_size="" pattern_bg_blend_mode="normal" mask_bg="none" mask_custom_bg="" mask_bg_color="" mask_bg_accent_color="" mask_bg_style="default" mask_bg_opacity="100" mask_bg_transform="left" mask_bg_blend_mode="normal" render_logics="" logics="" absolute="off" absolute_devices="small,medium,large" sticky="off" sticky_devices="small-visibility,medium-visibility,large-visibility" sticky_background_color="" sticky_height="" sticky_offset="" sticky_transition_offset="0" scroll_offset="0" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" filter_hue="0" filter_saturation="100" filter_brightness="100" filter_contrast="100" filter_invert="0" filter_sepia="0" filter_opacity="100" filter_blur="0" filter_hue_hover="0" filter_saturation_hover="100" filter_brightness_hover="100" filter_contrast_hover="100" filter_invert_hover="0" filter_sepia_hover="0" filter_opacity_hover="100" filter_blur_hover="0"][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] List of Trademark Classes Explored Trademark Classes - Goods Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules. Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity and scented candles. Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories. Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines. Class 8 Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters. Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus. Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use. Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units. Class 12 Vehicles; apparatus for locomotion by land, air or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions. Class 13 Firearms; ammunition and projectiles, explosives; fireworks. Class 14 Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches. Class 15 Musical instruments; stands and cases adapted for musical instruments. Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks. Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes. Class 18 Leather and imitations of leather; animal skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals. Class 19 Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors and windows. Class 20 Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions. Class 21 Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steel wool; articles made of ceramics, glass, porcelain or earthenware which are not included in other classes; electric and non-electric toothbrushes. Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials. Class 23 Yarns and threads, for textile use. Class 24 Textiles and textile goods; bed and table covers; travellers’ rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions or duvets. Class 25 Clothing, footwear, headgear. Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); wallpaper. Class 28 Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens’ toy bicycles. Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps. Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes. Class 31 Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals. Class 32 Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines. Class 33 Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails. Class 34 Tobacco; smokers’ articles; matches; lighters for smokers [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container][fusion_builder_container admin_label="Trademark Classes Services Container" type="flex" hundred_percent="no" hundred_percent_height="no" min_height_medium="" min_height_small="" min_height="" hundred_percent_height_scroll="no" align_content="stretch" flex_align_items="flex-start" flex_justify_content="flex-start" flex_wrap_medium="" flex_wrap_small="" flex_wrap="wrap" flex_column_spacing="" hundred_percent_height_center_content="yes" equal_height_columns="no" container_tag="div" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" status="published" publish_date="" class="" id="services" margin_top_medium="" margin_bottom_medium="" margin_top_small="" margin_bottom_small="" margin_top="" margin_bottom="" padding_top_medium="" padding_right_medium="" padding_bottom_medium="" padding_left_medium="" 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pattern_bg="none" pattern_custom_bg="" pattern_bg_color="" pattern_bg_style="default" pattern_bg_opacity="100" pattern_bg_size="" pattern_bg_blend_mode="normal" mask_bg="none" mask_custom_bg="" mask_bg_color="" mask_bg_accent_color="" mask_bg_style="default" mask_bg_opacity="100" mask_bg_transform="left" mask_bg_blend_mode="normal" render_logics="" logics="" absolute="off" absolute_devices="small,medium,large" sticky="off" sticky_devices="small-visibility,medium-visibility,large-visibility" sticky_background_color="" sticky_height="" sticky_offset="" sticky_transition_offset="0" scroll_offset="0" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" filter_hue="0" filter_saturation="100" filter_brightness="100" filter_contrast="100" filter_invert="0" filter_sepia="0" filter_opacity="100" filter_blur="0" filter_hue_hover="0" filter_saturation_hover="100" filter_brightness_hover="100" filter_contrast_hover="100" filter_invert_hover="0" filter_sepia_hover="0" filter_opacity_hover="100" filter_blur_hover="0"][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" background_position="left top" background_color="" border_color="" border_style="solid" border_position="all" spacing="yes" background_image="" background_repeat="no-repeat" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="small-visibility,medium-visibility,large-visibility" center_content="no" last="true" min_height="" hover_type="none" link="" border_sizes_top="" border_sizes_bottom="" border_sizes_left="" border_sizes_right="" first="true"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="" rule_size="" rule_color="" hue="" saturation="" lightness="" alpha="" user_select="" content_alignment_medium="" content_alignment_small="" content_alignment="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" sticky_display="normal,sticky" class="" id="" margin_top="" margin_right="" margin_bottom="" margin_left="" fusion_font_family_text_font="" fusion_font_variant_text_font="" font_size="" line_height="" letter_spacing="" text_transform="" text_color="" animation_type="" animation_direction="left" animation_color="" animation_speed="0.3" animation_delay="0" animation_offset="" logics=""] Trademark Classes - Services Class 35 Advertising; business management; business administration; office functions; electronic data storage; organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of [list specific goods]. Class 36 Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information. Class 37 Building construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services. Class 38 Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting. Class 39 Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities. Class 40 Treatment of materials; development, duplicating and printing of photographs; generation of electricity. Class 41 Education; providing of training; entertainment; sporting and cultural activities. Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, drawing and commissioned writing for the compilation of web sites; creating, maintaining and hosting the web sites of others; design services. Class 43 Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services. Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services. Class 45 Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services. Click here to see our other FAQ's. [/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Trademark Search - Why use Revomark for your Trademark Registration? Since 2005 Revomark has been a leading trademark advice and registration company in the UK. All work and advice is provided by highly experienced trademark lawyers or trademark agents with specialist knowledge in all aspects of trade mark law and practice. Your work will not be conducted by administration personnel, paralegals, or unqualified members of staff as is the case with many other companies that provide trademark services. We have successfully registered many 1000’s of trademarks in the UK, EU and internationally since 2005. In fact 98% of the applications we file have proceeded to registration. We get results. A significant proportion of our work comes from existing clients or through recommendations from them. They are clearly very happy with the service we provide. We will impress you to. We provide the full range of services relating to contentious and non-contentious trademark matters. We have a particular interest in contentious issues such as trademark opposition and invalidation actions and boast an impressive track record (96% success rate) in this regard. We are always available to answer questions and queries whether by email or telephonically and we certainly don’t charge you for this. Our flexible and informal approach ensures that we can provide a package that suits your specific needs, requirements and budget. Our charges are reasonable and affordable. You don’t have pay the earth to get the best advice. We usually provide a same day service. Instruct us before 3pm and your application gets filed on the same day. We do the work and you get the trademark registration certificate! Thousands of businesses trust us to register their trademarks. Follow the crowd. Try us – you will not be disappointed. Click to see this individual FAQ Here.

International Trademark Registration Explained

There are three ways of protecting your trademark internationally: If you just want protection in the EU then the Community trade Mark registration (CTM) is the best option If you want protection outside the EU then you will either have to register your mark separately in the individual countries of interest to you or File a Madrid Protocol application designating the countries you want protection in. However, only countries which have signed up to this agreement can be included in the application. What is a Madrid Application or a Madrid Protocol Application? 1. A Madrid Protocol Application is an international trademark application that allows you to extend protection of your trademark to countries of your choice by filing a single application to the World Intellectual Property Organisation (WIPO). However, only countries which have signed up to this agreement can be included in the application. Under the Madrid Protocol it is now relatively inexpensive for small and medium-sized businesses to obtain a broad global ownership of their trademarks that was previously only available to large multi-nationals. 2. For an International application to be considered: you must have an application or a registration in the UK or EU on which to base your application the International application must be for the same mark as the UK or EU application or earlier registration the goods or services in your International application must be covered by your UK or CTM application/registration The proprietors details must be the same (and they must be domiciled or have a real and effective business interest in the UK or EU the countries you want protection in must be signatories of the protocol 3. The cost to apply depends on which or how many countries you want your trade mark to be protected in. For any international application you will have to pay: a basic fee. additional fees if your mark is in colour additional fees if your mark contains more than 3 classes (in certain cases you may have to pay extra fees for more than one class of goods or services). a fee for each country you want protection in. Fees differ from country to country The International Registration is reliant on the base application/registration in the Office of Origin for the first five years of its life. If the base registration is: opposed revoked cancelled renounced invalidated lapsed either partially or in totality during this period, the International registration will cease in respect of the goods/services effected. The dependence is absolute and is effective, regardless of the reason for the total or partial failure. 5. To soften the consequences of this dependency WIPO have a provision called transformation. This allows the holder to change the designation to become a national application/registration on the payment of a fee. 6. Opposition can also be filed individually against the mark in any of the designated countries, but this will only affect the International Registration in that country, if successful. What are the advantages of the using the Madrid Protocol to get international trademark protection? Provides a convenient and cost-effective way of filing and maintaining trade mark rights in foreign countries. Central administration of a collection of national registrations Only the countries of actual interest need be included. If problems arise in one designated country, this can be dropped without affecting the others. Protection for some countries/regions may be obtained more quickly than by using the national route. This is because strict time limits are set under the Protocol. It is possible to extend an international registration to further Protocol countries after registration. An application for territorial extension (known as a subsequent designation) can be filed at any time after registration. The effective filing date of such a subsequent designation is the date the extension request reaches the national office. No need to appoint agents in designated countries unless problems arise It is possible to assign some designations and not others. An International Registration can replace a corresponding national/regional registration without loss of rights. What are the disadvantages of the Madrid Protocol for international trademark registrations? There is no automatic entitlement to use this system. An applicant (and a subsequent assignee) must have effective business establishment in, domicile in or be a national of, a contracting state. So international registrations under the Protocol could interfere with a sale of assets to an entity based in a non-Protocol country. All fees due on filing, rather than being split between filing and grant. A home-based trademark application or registration is a pre-requisite for filing. For its first five years the International Registration is dependent on the prior application or registration upon which it is based. If the prior application does not achieve registration, or is subsequently invalidated or cancelled, partially or in its entirety, the IR is likewise entirely or partially cancelled. This is called the “central attack”. Therefore, it is critical that the basic application/registration is strong. (To remedy the fatal consequences of the central attack the Madrid Protocol provides that the IR application/registration can be transformed into separate, national applications which will retain the filing date of the original application. However, this transformation is an expensive and slow exercise). The dependency on the prior application or registration also means that the specification of goods/services of the International Registration has to be the same as, or narrower than, the prior application or registration. The trade mark owner must be able to show use in each of the designated countries once the initial 5 year dependency period expires. If, the mark is not used in that country the registration will be vulnerable to be revoked in that jurisdiction. Click to see this individual FAQ Here.

EU Trademark Registration

What is EU Trademark Registration? There are three ways of protecting your trademark in the European Community: Separate national trademark registrations in the individual European countries of interest to you Community trademark registration (CTM) International registration (Madrid Protocol) designating the European Community or the individual countries within the EU in which protection is required The Community Trade Mark (CTM) IS the most commonly used method due to its administrative ease and cost effectiveness. What is a CTM or Community Trade Mark? The Community Trade Mark Regulation provides for a single Community Trade Mark (CTM) registration which will be enforceable in all 27 countries of the European Union. The registration will extend to all new member countries as they join the European Community. The unitary nature of the CTM also means that it can only be registered, transferred, surrended, revoked or declared invalid in respect of the whole of the EU. The CTM system is administered by the Office for Harmonisation in the Internal Market (Trade Marks & Designs) – OHIM, based in Alicante in Spain. Applications are multi-class. This means that is a single application can cover whatever goods or services interest the applicant. Who can apply for a CTM and what is the trademark registration process? Virtually any individual or company has the right to apply for and own a CTM registration. You do not have to be based in the UK or EU. After a CTM application is filed it undergoes examination. OHIM only examines whether the applicant is entitled to be a proprietor of a CTM and whether there exists absolute grounds for refusal (i.e. the mark is descriptive or non-distinctive). It is important to note that OHIM does not examine on relative grounds (i.e. for earlier conflicting marks). Official searches for earlier conflicting trademark applications and registrations are, nevertheless, performed. However, the results of these searches are sent to the applicant for information only. The CTM Office has no power to reject a CTM application on the basis of identical or similar marks found in these searches (but see CTM opposition discussed below). If there are no objections from the registry the application is then published in the CTM journal for opposition purposes. The opposition period is 3 months. Third parties in any EU Member States may oppose the CTM on the basis of earlier CTM or national trademark applications or registrations. For CTM opposition purposes, a prior trademark right is one of the following: an earlier filed Community, EU national or international trademark application or registration (the international trademark application or registration must designate an EU country); a well-known trademark; an unregistered trademark that has acquired sufficient reputation through use in the EU; or an EU company name A notice of opposition can only be filed at the OHIM. If no opposition are filed within 3 months of publication then the registration certificate issues. How long is a CTM registered for and how do I maintain my CTM registration? The initial period of protection is 10 years, renewable for successive 10 year periods in a single transaction prior payment of a single renewal fee. There is no requirement to certify or prove use of the mark to renew the registration. However, in order to maintain the validity of a CTM registration, the registered mark must be brought into genuine use in the EU within five years of the registration date. If this is not done, the CTM registration becomes vulnerable to cancellation on the ground of non-use. It is important to note that use in one country is sufficient to satisfy this requirement. It will be an infringement of the rights given by a CTM registration to use an identical or similar mark on goods or services that are identical with or similar to those covered by the registration. If the marks or the goods/services are not identical, it will be necessary to establish a likelihood of confusion. Furthermore, if the registered mark has sufficient reputation in the EU, it will also be an infringement to use the identical or similar mark on goods or services not covered by the registration. In this case, to prove infringement, the CTM owner must show that use of the competitor’s mark ‘takes unfair advantage of or is detrimental to the distinctive character or repute of the CTM’ (more commonly called dilution). What are the advantages of Community Trade Mark registration? A CTM provides cost-effective protection throughout the EU. Any individual or company can file a CTM application. This differs from the Madrid Protocol route which is limited to nationals of Madrid States or those with a place of business in a Madrid State (separate bulletin available). The CTM will enable consolidation of registration in each of the Member States, and enable simplified maintenance (i.e. only one renewal fee) while retaining national seniorities. Use in only one Member State will be sufficient to defeat a non-use attack. OHIM will notify Community Trade Mark proprietors of any later conflicting CTM applications. This will facilitate watching for potential conflict situations. The future expansion of the EU will automatically be reflected in the coverage of existing CTMs. This is particularly important with the imminent growth of the European community. Not necessary to base a CTM application on a national registration or application (which is a requirement of the International System). Ability to convert a CTM into national applications in the event of a rejection. What are the disadvantages of Community Trade Mark registration? If a CTM application is rejected in any of the EU member states the entire application fails. The trademark must therefore be available in every member state in order to be registered. The unitary nature of the system means that the trademark cannot be assigned or transferred for only part of the EU. It must be assigned for the whole EU. Since the only way of dealing with prior conflicting rights before registration is via opposition, a fair proportion of CTM applications have been opposed. However, most oppositions do appear to have been settled by agreement. Because a Community Trade Mark application will not be refused in view of prior CTM registrations it is the responsibility of proprietors to police their own trademarks and oppose later CTM applications in the event that a conflict exists. This can be expensive. Click to see this individual FAQ Here.

Enforcing your Trademark & Trademark Infringement

What is trademark infringement? If you use, in the course of trade, an identical or similar trademark for identical or similar goods and services to a registered trademark – you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trademarks, although different, identify the goods or services of one and the same trader. Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark. When are trademarks similar? The test is whether or not the average consumer is likely to be confused. Confusion is likely if the average consumer wrongly believes that the respective goods come from the same or economically linked undertakings. It is clear from case law that: the likelihood of confusion must be appreciated globally, taking into account of all relevant factors; the matter must be judged through the eyes of the average consumer of the goods/services in question; the average consumer normally perceives a trademark as a whole and does not proceed to analyse its various details; the visual, aural and conceptual similarities of the trademarks must therefore be assessed by reference to the overall impressions created by the marks bearing in mind their distinctive and dominant components; a lesser degree of similarity between the trademarks may be offset by a greater degree of similarity between the goods, and vice versa; there is a greater likelihood of confusion where the earlier trademark has a highly distinctive character, either per se or because of the use that has been made of it; assessment of the similarity between two trademarks means more than taking just one component of a composite trade mark and comparing it with another mark; the comparison must be made by examining each of the marks in question as a whole; In assessing the similarity of the goods or services concerned, as the French and United Kingdom Governments and the Commission have pointed out, all the relevant factors relating to those goods or services themselves should be taken into account. Those factors include, inter alia, their nature, their intended purpose and their method of use and whether they are in competition with each other or are complementary. Can an unregistered trademark be infringed? There is no available remedy for trademark infringement if the earlier trademark is unregistered. Some unregistered trademarks may be protected under Common Law and this is known as Passing off. However, whether or not they are protected will depend on the particular circumstances, particularly: Whether, and to what extent, the owner of the unregistered trademark was trading under the name at the date of commencement of the use of the later mark; Whether the two marks are sufficiently similar, having regard to their fields of trade, so as to be likely to confuse and deceive (whether or not intentionally) a substantial number of persons into thinking that the junior user’s goods and services are those of the senior user; The extent of the damage that such confusion would cause to the goodwill in the senior user’s business. What are the remedies for trademark infringement? The most common remedies are an injunction, damages, delivery up, removal of the infringing sign from the goods or even destruction of the infringing goods themselves. Click to see this individual FAQ Here.

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FAQs

What is the UKIPO (UK Intellectual Property Office)?
Trademark Classes
Why use Revomark?
International Trademark Registration Explained
EU Trademark Registration
Enforcing your Trademark & Trademark Infringement

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FAQs

FAQs

What is the UKIPO (UK Intellectual Property Office)?

Trademark Classes

Why use Revomark?

International Trademark Registration Explained

EU Trademark Registration

Enforcing your Trademark & Trademark Infringement

TRADEMARK SEARCH

Let’s Make Things Happen

Contact Info

Third Party Embeds

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