The UK Intellectual Property Office (UKIPO) has recently reported an unprecedented rise in trade mark registrations, with a 75% increase since 2020. While this surge highlights the growing awareness among businesses of the need to protect their brand identities, it also means that finding a unique trade mark is becoming increasingly difficult.
Undertaking a thorough trade mark clearance search ahead of filing your application is crucial. This will give you the heads up about any potential issues so you can evaluate whether you wish to go ahead. It will highlight competitors in your industry as well as other industries using that name, logo or tag line.
You may receive your research results back and discover someone else has already registered a very similar mark in your industry. This may mean you go back to the drawing board and rethink your mark. Alternatively, you may be so attached to the mark you wanted to register that you decide you really want to try and fight for it.
Fortunately, in the UK, discovering a similar existing trade mark doesn’t automatically block your application. Unlike in some other countries, where trade mark examiners might reject your application outright if it resembles a pre-existing mark, the UKIPO gives you the opportunity to proceed. The potential conflict is flagged, and it’s then up to you to decide whether to move forward. If you choose to continue, your application will be published, allowing the owners of any similar marks to oppose it.
Moving to the publication stage is often advisable, but it’s important to be prepared for the possible responses from other trade mark owners. Typically, they have four main options:
- Submit a Notice of Threatened Opposition (TM7A): This notice extends the standard two-month publication period by an additional month and serves as a warning that an opposition may be forthcoming.
- Send a formal letter: This might be sent by their legal representatives, suggesting you either withdraw your application or make amendments to avoid a full opposition.
- File an opposition without prior notice: Although less common and generally discouraged, some owners may choose to oppose your application without warning.
- Take no action: If the owner of the similar mark does not oppose your application, it can proceed unchallenged, though this is becoming increasingly rare.
Even if an opposition arises, there’s still time to seek professional advice and engage in the process before any final decisions are made.
Why Protecting Your Intellectual Property is Essential
We live in a digital age, there is more competition than ever for businesses, securing your intellectual property is crucial to maintaining your brand’s distinct identity and ensuring long-term success. As the number of trade mark registrations increases, so does the risk of brand confusion and potential legal disputes. For industries where brand recognition is a key factor, such as in retail, having a registered trade mark can protect your business from competitors who might try to imitate your products or services.
At National Business Register, we understand the critical importance of protecting your brand. Our experienced team can guide you through the complexities of trade mark registration, helping you avoid potential conflicts and secure your intellectual property. Don’t leave your brand exposed—Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090. Let us help you protect what’s uniquely yours in an increasingly crowded market.
