The UK Intellectual Property Office (UKIPO) has recently updated its customer service standards, outlining key performance metrics to ensure efficiency and transparency in handling IP applications and disputes. However, with waiting times getting longer and longer, Mona Asgari offers advice for applicants on navigating the UKIPO trademark backlog.
The UKIPO Corporate Priorities 2024-2025 set out the organisation's customer service and performance standards for the coming year. Despite the standards aiming for timely processing, real-world experiences indicate that actual waiting times are often much longer, however. A recent case involving a salon owner's legal battle with cosmetics giant L'Oréal highlights the growing strain on the UKIPO due to a surge in trademark litigation, as we cover below.
UK Intellectual Property Office service objectives
The UKIPO's updated service standards emphasise responsiveness, quality assurance and customer engagement. Some of the key performance metrics include:
- Customer satisfaction: A target of 85% satisfaction, with recent figures showing an improvement to 88-89%.
- Customer support: 99% of calls answered within 60 seconds and 100% of emails responded to within five working days.
- Trademark and design examination: First reports issued within 10 working days, with 90% of cases completed within target timeframes.
The UKIPO trademark backlog and tribunal delays
Rebecca Dowdeswell, the owner of Leicester-based salon nkd, has been entangled in a trademark dispute with L'Oréal since 2022. L'Oréal claims that her business name is too similar to its NAKED brand of beauty products, raising concerns about consumer confusion.
Ms Dowdeswell was expecting a tribunal hearing in February 2025. However, the UKIPO postponed the case due to "very significant" caseloads, exacerbated by the influx of 1.4 million trademarks transferred from the EU to the UK post-Brexit.
UKIPO's response and future outlook
The UKIPO has acknowledged that trademark litigation volumes have reached historically high levels, leading to delays in tribunal proceedings. While the UKIPO has assured that this is a temporary backlog and it is working hard to manage it, affected businesses like Ms Dowdeswell's are left "in limbo".
As the UKIPO continues to adapt, businesses and legal representatives will be watching closely to see whether these backlogs can be resolved without further disruption to brand owners.
Advice to UK trademark applicants
Despite the current UKIPO trademark backlog, brand owners should not delay their UK trademark filings, monitoring or enforcement activities. Ideally, applicants should file UKIPO trademark applications as early as possible, be proactive with watching services and act swiftly in enforcement matters.
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