A UK trade mark application is examined by the Trade Marks Registry to determine whether the mark is sufficiently distinctive and a search is carried out to determine whether there is any conflict with an earlier mark that has effect in the UK. The results of the search are passed to the applicant, and the owners of any conficting UK trade marks are notified of the application. However, the Trade Marks Registry has no power to refuse an application because of a conflict with an earlier mark.
An application, once accepted, is published in the Trade Marks Journal and is open to opposition for a period of 3 months.
After the opposition period has expired and provided there is no opposition, the trade mark is registered and remains in force for 10 years from the date of application.
The registration can be renewed for further 10 year periods as required.
A UK trade mark registration is relatively inexpensive, but covers only the United Kingdom.
The inability of the Trade Marks Registry to refuse a trade mark in the event of conflict with an earlier Registered Trade Mark can be looked on as either an advantage or a disadvantage.
For an applicant it can make registration more straightforward, but the owner of a Registered Trade Mark will need to be diligent if he is to prevent registration of subsequent conflicting marks.