Features of trademark registration in the UK in 2019
After the adoption of the Directive in the European Union, some provisions of the legislation have been amended. Therefore, before registering a mark in the UK, new conditions should be considered.
What changes have been made
According to the innovations, the customs authorities of the jurisdiction have the right to detain products if there are grounds for suspicion of their counterfeitness, as well as if the owner provides evidence that products from another state are intended for sale within the country.
According to the Directive, if the alleged counterfeit products that come from a country outside the EU go through transit jurisdiction, proof of the fact that the trademark owner does not have the right to restrict sales lies with the importer. The owner of the TM may file a claim with the seller, who is involved in the production of unlicensed products.
Violation of the law will be the use of TM, registered in the jurisdiction in the preparation of the name of the company. You need to choose the name carefully, otherwise there is a risk of filing a claim by the trademark owner.
Licensees may sue third parties for violation of trademark rights with the permission of the licensee. The possibility of filing such a claim by the licensee arises only if there is an exclusive agreement.
There are changes, including in the requirements for representation. Now signs must be presented in the registry so that the registering authority can establish the nature and subject of protection for a particular sign. Innovation makes it easier to register some non-classical characters, such as sounds.
The registration of a trademark in England is made by redirecting an official application to the Patent Office of the state. If you need to register a trademark in the UK, please contact our IT - OFFSHORE specialists.
The main stages of work:
• Consultation and development of an action plan;
• Preliminary verification of the emblem for compliance with the requirements of jurisdiction;
• filing documentation;
• Obtaining a certificate.
On average, the procedure takes about six months if there are no objections from third parties. Otherwise, the process may take a year or more. Every decade, the right to intellectual property needs to be renewed.