The UK trade mark registration process |
Brand Protect LLP - UK trade mark fees |
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| The
cost (in terms of government fees)
of making a UK application is £200
per application plus £50 per
class (all the goods and services offered
in commerce are divided into 45 classes). In
addition to this cost there is a fee
of £350 charged by this firm
to make the application (this is a
considerably lower fee than our competition
charge). When an application is made
it will be examined by the Patent Office. They
will check whether or not the application
is capable of being a trade mark. The
more distinctive the mark to be applied
for is, the fewer the number of objections
this application will receive from
the Patent Office. The Patent
Office then checks whether or not other
companies or individuals have registered
similar marks (conceptual, aural and
visual similarities). If the
Patent Office's objections can
be overcome, then the application is
published in the "Official Journal". This
allows the public to oppose the application
for a period of 3 months. If
your mark is challenged by way of opposition,
then there will be an official arbitration
process (called an "Opposition"). Most
oppositions are settled before they
become confrontational. In May
2004, new procedures were introduced
to make it possible to challenge the
validity of trade marks used by owners
to oppose new applications by requesting
that those owners prove that they have
used their mark in the last 5 years.
The process of application usually takes 6-8 months. The registration lasts for 10 years and no further fees are payable in respect of the registration in that time. Once the mark has been registered, a UK trade mark (but not a CTM) acts as a "shield" (in the sense that one registered trade mark cannot infringe another). This means that you would not need to change your brand name. It also acts as a "sword" as you can prevent others from using "similar" brands and marks (see above for the meaning of this). 99.99% of any potential emulators back down when the registration is brought to their attention. This saves you a great deal of time and money compared to the costs of relying on the common law. Furthermore, should you decide to sell the registered trade mark in the future potential purchasers are more likely to pay more for a registered trade mark. Accountants have different ways of valuing IP rights but one of the best is to add up all the costs associated with promoting that brand over the years and give this figure. All this is quite complicated. At BRAND PROTECT LLP we won't charge you the earth for our services. |
With effect from March 2008
N.B.: This schedule
of charges lists some of our fixed
fee charges. Most work done on behalf
of our clients usually includes a combination
of fixed fees and charges for actual
time spent. The charges to clients
may vary depending on complexity.� |
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