Scope of Right

Applications are filed at the United Kingdom Trade Marks Registry which is a part of the Patent Office, an executive division of the Department of Trade and Industry. A UK Trade Mark Registration covers England, Scotland, Wales and Northern Ireland and the Isle of Man. A UK Registration must be extended to Jersey and Guernsey by application to the respective Trade Mark offices in those Islands at additional cost. A UK Trade Mark Registration is a statutory right governed by the Trade Marks Act 1994, as opposed to the common law tort of Passing Off. Under Section 9 of the Trade Marks Act 1994 a proprietor of a registered Trade Mark in the United Kingdom has exclusive right to use the registered mark in the United Kingdom in relation to the goods and services protected. All rights in a UK registration date back to day of filing, not to when the application is actually granted.

The United Kingdom is a member of the Paris Convention and "Convention Priority" can be claimed, claiming the filing date from an application filed in another member state providing the UK Application is filed within six months of the initial application.

Information Required to File Application
  • Full name and address of Applicant
  • Country and state, if appropriate, of incorporation of the Applicant
  • Trade Mark
  • A good representation of the logo or design
  • Indication of Goods and Services sold or to be sold under the Trade Mark (all goods/services placed in 45 classes - classification list available)
  • Details of application on which Convention Priority is to be claimed.

    • The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.