Trademark Registration
A Guide to UK Trademark Registration
I. Flow Chart for Trademark Registration in UK.
1、Trademark Design
Advantages of TIMELY trademark design:
(1) Novelty- novelty of trademark design satisfies the distinctive feature of a trademark and enhances its reputation and market.
(2) Trademark naming avoids a straight relation with the functions of goods;
(3) Trademark design is theme-oriented and reasonably arranged.
Hong Kong TIMELY Intellectual Property Service Centre is equipped with a team of excellent designers from home and abroad, who are ready to provide you with professional services.
2、Trademark Search
Before filing your application, it shall be determined whether the mark to be registered is pending registered or has been registered the trademark rights.We can get prior trademark records and the preliminary opinions from the United States Trademark Office on whether it has been registered or not. The search results will minimize the risk for the whole application and registration process. Therefore, the search service with authorities is strongly recommended.
3、Submit Application
An application must include the following elements before the UK Patent and Trademark Office will accept it:
· Authorization letter of registration;
· Qualification certificate of applicant;
· A clear drawing of the mark;
· A listing of the goods or services;
· The filing fee for at least one class of goods or services.
· The priority certificate;
· A "use" based application included a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, or a good faith or bona fide intention to use the mark in commerce.
4、Notice of Acceptance
When The UK Patent and Trademark Office receives your application dTIMELY of trademark registration, they will give you an application number and issue the Notice of Acceptance within 1 month.
5、Examination
After the UK Patent and Trademark Office determines that you have met the minimum filing requirements, the application is forwarded to an examining attorney. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.
A complete examination includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen.
6、Publication
If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, which is three months publication of the UK Patent and Trademark Office.
7、Registration
If the mark is published based upon the actual use of the mark in commerce, the UK Patent and Trademark Office will normally register the mark and issue a registration certificate. The day of filing the application will be the registration date.
8、Time and Fees
Time: The approximate time for obtaining the certificate is about 12-18 months for smooth application. The term of validity is 10 years from the date of filing the application, in which period no extra fee is imposed.
Search fee for one trademark one class: HK$3,000;
Application and registration fees: HK$16,600; lump sum pay when filling in the Power of Attorney.