{"id":4396,"date":"2021-06-07T12:08:42","date_gmt":"2021-06-07T02:08:42","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4396"},"modified":"2021-06-24T15:34:11","modified_gmt":"2021-06-24T05:34:11","slug":"uk-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/overseas-application\/uk-trade-marks\/","title":{"rendered":"4 Tips For Australian Businesses Searching For UK Trade Marks"},"content":{"rendered":"\n

As one of the world\u2019s largest economies and one of Australia\u2019s most important trading partners, the United Kingdom (UK) is a great place to do business. For example, in 2018-19, the UK was Australia\u2019s seventh-largest trading partner. It is important that before you trade with the UK, you ensure you are not infringing on any intellectual property (IP) in the UK. This article will give you three tips for Australian businesses searching for UK trade marks. <\/p>\n\n\n\n

Know the UK\u2019s Trade Mark System<\/h2>\n\n\n\n

Before searching for UK trade marks, it can be useful to understand some of the UK\u2019s basic trade mark rules and procedures. The UK\u2019s trade mark system is very similar to Australia\u2019s.<\/p>\n\n\n\n

Once you have chosen your trade mark, you will need to apply to the UK Intellectual Property Office<\/a> (IPO). Here, you will nominate the class of goods or services that you will use your trade mark for. You will then receive feedback on your trade mark application within 60 working days. This feedback will outline any issues with your trade mark that you need to respond to. Once you resolve any outstanding issues with your application, the IPO will publish your application online for third parties to dispute. If your trade mark application is successful, your trade mark will last for 10 years before you can renew it for further 10 year periods.<\/p>\n\n\n\n

Understanding Brexit<\/h2>\n\n\n\n

The UK\u2019s exit from the European Union left questions about the status of trade marks registered with the European Union. However, these questions have been resolved. As of 1 January 2021, all trade marks registered as a European Union Trade Mark (EUTM) gained automatic UK equivalent rights. This was a free process and means that all EUTMs are now recorded on the UK trade mark register and have the same legal status as if they were under UK law.<\/p>\n\n\n\n

Trade marks registered under the Madrid system have continued to extend to the UK following Brexit. The UK government worked closely with the World Intellectual Property Office (WIPO) to ensure that the transition period went smoothly.<\/p>\n\n\n\n

Use the UK\u2019s Search Tool<\/h2>\n\n\n\n

In the UK, the UK Intellectual property Office is responsible for all trade mark registrations. You can find a trade mark search tool <\/a>to conduct a thorough trade mark search on their website. There are three trade mark search options on their website:<\/p>\n\n\n\n

Search option<\/strong><\/td>Outcome<\/strong><\/td><\/tr>
Trade mark number<\/td>If you know the trade mark you want to look up, you can search by trade mark number. You will be able to search for domestic UK trade marks, UK trade marks registered with the European Union Intellectual Property Office (EUIPO), trade marks registered with the WIPO using the Madrid protocol, or international trade marks that designate the UK.<\/td><\/tr>
Owner<\/td>You can use this search function to search for trade marks that specific businesses or individuals own. You will need the owner\u2019s name and postcode to do this search. However, it is important to note that this search tool only extends to trade marks filed with the UK\u2019s Intellectual Property office and not international or EU trade marks.<\/td><\/tr>
Keyword, phrase, or image<\/td>This search function allows you to search for trade marks more generally. You will be able to search keywords that describe your trade mark to find any registered trade marks that are similar or identical to yours. There are also many ways to narrow this search function, such as by searching for all the words you have entered, any of the words you have entered or narrowing the search by trade mark classification and trade mark status. <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Conduct an International Trade Mark Search<\/h2>\n\n\n\n

The UK is a party to the Madrid System for international registration of trade marks. The Madrid System lets you file filing one trade mark application for registration in up to all 124 participating countries. Since the UK is a party to this system, the World Intellectual Property Organisation’s Global Brands Database<\/a> is another useful search tool<\/a> when conducting a trade mark search in the UK.\u00a0<\/p>\n\n\n\n

The Global Brands Data Base allows you to search for identical or similar words based on the class of goods and services. You can also filter by source, image, type, trade mark status, country of origin, and the year of the application.<\/p>\n\n\n\n

Key Takeaways <\/h2>\n\n\n\n

Your intellectual property is the most important asset of your business. If you plan on trading in the UK, it is essential that you:<\/p>\n\n\n\n