Why a UK Trademark is crucial if you sell to a UK Audience
The majority of businesses don’t realise that US trademarks aren’t applicable overseas. Many companies don't think they need one or might have a European Union Trademark (EUTM) instead because they only do occasional business with the United Kingdom. But come January 1st, EUTMs won’t work in the UK either (thanks Brexit).
Why You Need a UK Trademark if You’re Selling to a UK Audience
Brexit has been quite the roller coaster, and now it's finally here. And it's changing a lot of stuff.
But Brexit isn’t the only reason to trademark your brand in other countries (like the UK, if you’re selling there). Take a load off, have a nice cuppa with me, and let’s talk about trademarks.
So, What’s the Big Deal?
You might be wondering why you should bother to trademark your brand in the UK. Maybe you aren’t selling your product there yet, or you have a small customer base across the pond. What’s the big deal?
Trademark squatting, or "bad-faith trademark filing," is intentionally filing a trademark application for another brand’s registered trademark in a country where the original brand’s trademark doesn’t apply.
The United States utilizes a "used-based" trademark system, whereas most other countries use a “first-to-file” trademark system. This means that even if you used your trademark a thousand times in the US, if someone else files a trademark in the UK before you, they have priority and can register your trademark there. The "squatter" will have all the advantages you would have if you had filed yourself.
Cancelling bad-faith trademarks is difficult, time-consuming, and expensive. So, like dental care, preventative measures are best.
Brexit Mucks Everything Up…
Here’s where Brexit comes in: The United Kingdom has left the European Union. That means that as of January 1st 2021, European Union Trademarks (EUTMs) won’t apply to the UK.
Do you have a EUTM? If you do, that’s fantastic!... for selling products and services in any of the countries that are still members of the European Union. But if your primary consumers are in Great Britain, you’re going to need a UK trademark, fast.
Fortunately, our friends overseas have tried to make the transition as easy as possible. They are offering "comparable UK trademarks" to those with EUTMs. These trademarks will
Keep their original EUTM filing date
Have the same legal status as UK trademarks
Be added to the UK Trade Mark Register
Have their original priority/UK seniority dates
Be an independent UK trademark
Where Should I Register My Trademark?
You may not know exactly where you need to register your brand. Just neighbouring countries? Everywhere? Over there? For today, we’re just going to focus on the UK, but keep the following points in mind.
Register trademarks in countries that:
You sell your goods or services
You manufacture your products or product parts
Research and development for your brand occur
Your products pass through during the shipping process
You plan to or may sell in the future
Counterfeiting is an issue
How do I register a Trademark in the UK
To register a trademark, you need to:
1. Complete the Right Start application to verify whether your brand qualifies.
Checks to see if your brand qualifies for a trademark.
Application fee: £200 (£100 upfront, £100 at registration)
Each additional class: £50 (£25 upfront, £25 at registration)
2. Register your trademark by filing paperwork online, through e-mail, mail, or fax.
You can apply to register your trademark online. Alternatively, you can fill out the paperwork and email it, fax it, or mail it to the current contact details (though any options besides the online application will require a £40 handling fee).
3. Respond to and correct any objections
The Office will contact you if your trademark is opposed. If this happens, you can either withdraw your application, work it out with the person objecting, or defend your application. The trademark won't be registered until all objections are corrected.
The Point Is…
If you're selling or going to sell your product anywhere in the United Kingdom, get a UK trademark. You can apply online and get all the information you need.
Suppose you have a EUTM already, great! You’re already a step ahead. Check online to make sure your EUTM qualifies for a comparable UK trademark.
Don’t lose your trademark to a squatter.
