As we all know, the Brexit negotiations are under way, and the UK plans to formally leave the EU on March 29, 2019. Thereafter (from March 30, 2019), EU laws will no longer apply to the United Kingdom, and the validity of EU trademarks previously registered will no longer continue to be valid in the British territory. If EU trademark owners want to continue to protect their trademarks in the United Kingdom, they need to re submit an application to the British Intellectual Property Office.

1、 Applicant's subject qualification

Any individual or organization that uses or intends to use a trademark in good faith can submit an application for trademark registration. The first applicant has the right to obtain the trademark registration, unless another prior user has the right to prevent the applicant through the anti counterfeiting procedure in the general law by fully using the trademark.

In addition, the prior users who use the trademark in specific areas have the right to continue to use the trademark in the original scope.

2、 Documents required for application

1. The application for trademark registration shall be prepared and signed by the agent. The application shall include the name, address, nationality of the applicant and the list of designated goods or services.

2. Trademark pattern.

3、 Application time of British trademark

1. Time required for registration: 4-8 months.

2. Validity of trademark: 10 years.

3. Time limit for trademark objection: 3 months.

4. Official language: English.

4、 Review process

An application for trademark registration must be filed with the Registrar. The application must state that the applicant or its authorizer is using the trademark on the relevant goods or services, or that the applicant has a good faith intention to use the trademark. The application date shall be subject to the document submission date.

After receiving the application, the trademark registrar will search the prior trademark to examine whether the applied trademark meets the legal requirements. If the registration requirements are not met, the applicant will be notified to make statements or amendments; If the applicant fails to persuade the examiner or fails to make corresponding modifications or the applicant's reply exceeds the time limit, the examiner will reject the application for the trademark.

5、 Review Instructions

The trademark examination in the United Kingdom only carries out absolute reason examination, and there is no relative reason examination.

According to Section 3 of the Trademark Law, the following cases shall not be registered:

1. Not in conformity with the definition of trademark in Section I of the Trademark Law (see the note below).

2. Lacking significance.

3. Directly describing the category, quality, quantity and other characteristics of goods.

4. Having become a lingua franca in the current language.

5. Violating social norms and moral standards.

6. Deceptive in nature (quality or source of goods/services).

7. The trademark application is malicious.

8. Contains any marks, portraits, etc. related to the royal family.

9. National flag, national emblem, regional flag of England, Wales, Scotland, Northern Ireland and Isle of Man, emblem of international organizations, military logo, etc.

10. Including Olympic logo. In addition, other items that are not allowed to be registered as trademarks according to the law. The British trademark examination has the prior right, but it will not be rejected on this basis. Before the announcement, a letter will be issued to notify the applicant, asking for the applicant's opinion on whether to continue the application. If there is no objection from a third party, the application can be registered successfully.

6、 Analysis of trademark handling ways

1. Direct registration in a single country.

2. Registration via Madrid.

The United Kingdom is a member of Madrid. If the Estonian trademark registration is handled separately through Madrid, the requirement is: domestic trademark acceptance notice.

The single mode is superior to Madrid mode in terms of time and handling costs. Therefore, it is recommended that the United Kingdom adopt the single mode.

7、 Renewal of trademarks

The application for renewal shall be submitted before the expiration of the registration validity period, or within a grace period of 6 months after the expiration. If it is submitted within the grace period, an additional fee shall be paid.

The above is to introduce the British trademark to you. I believe you will understand it after reading it, and I hope it can help you.