Trademark Registration in the UK from India
UK Intellectual Property Office · Trade Marks Act 1994 · Direct or Madrid designation
A UK trade mark is registered with the UK Intellectual Property Office (UKIPO), either directly or by designating the UK in a Madrid application filed through India. Since 1 January 2021 an EU trade mark no longer covers the UK, so UK protection needs its own filing; an unopposed application can register in about four months.
- Reviewed by
- Advocate, intellectual property
- Last updated
- UK address for service arranged. The UKIPO accepts only UK, Gibraltar or Channel Islands addresses; we coordinate UK counsel.
- EU and UK planned together. One specification and one search strategy for both offices.
- Opposition watch. We monitor the opposition period and any notice of threatened opposition.
- Office
- UKIPO, Newport
- Routes
- Direct or Madrid
- Address for service
- UK, Gibraltar or Channel Islands
- Opposition period
- 2 months, extendable to 3
- Term
- 10 years, renewable
Do Indian businesses need a separate UK trade mark?
Yes. Since the end of the Brexit transition period on 1 January 2021, the UK and the EU are separate trade mark territories. A new EU trade mark covers the 27 EU member states only, and a UK registration covers England, Wales, Scotland and Northern Ireland.
EU marks that were already registered on 31 December 2020 were cloned into comparable UK marks automatically, and EU applications pending then could be refiled in the UK until 30 September 2021 while keeping their dates. That window has closed. Any brand that is new to the UK today needs a UK filing.
Direct UKIPO filing or Madrid
Direct filing is made online with the UKIPO. Applicants based outside the UK may file, but the UKIPO requires an address for service in the UK, Gibraltar or the Channel Islands for correspondence, and it requires one in opposition, invalidation and revocation proceedings. In practice an Indian applicant files through UK counsel, whom we instruct and supervise.
A Madrid designation of the UK is filed through the Trade Marks Registry in India, alongside other countries. It suits a brand already planning several Madrid countries, with the usual five-year dependency on the Indian base mark. If the UKIPO raises an objection or an opposition is filed, a UK address for service is needed at that point.
How the UKIPO examines
The UKIPO examines for absolute grounds, such as descriptiveness and lack of distinctiveness, and searches for earlier marks. It does not refuse an application on its own because of an earlier mark: it notifies the applicant and, in some cases, the owner of the earlier mark, who may then oppose. Your mark is published in the Trade Marks Journal, and third parties have two months to oppose, extendable to three months by filing a notice of threatened opposition.
How long does UK trade mark registration take?
Without objections or opposition, a UK application usually registers about four months after filing.
| Stage | What happens | Typical timing |
|---|---|---|
| Filing | Online application with the UKIPO, or Madrid designation notified by WIPO | Day 0 |
| Examination report | Absolute grounds and a search for earlier marks | Usually within weeks of filing |
| Response to objections | Within the period set in the report | Typically two months, extendable |
| Publication | Trade Marks Journal | After examination is complete |
| Opposition period | Third parties may oppose | 2 months, extendable to 3 |
| Registration | Certificate issued if unopposed | About 4 months from filing |
| Renewal | Every ten years from the filing date | 10 years |
Timings follow UKIPO published guidance; see GOV.UK.
What do you need to file a UK trade mark?
Application details
- Applicant name and address, and entity type
- The mark: word, or a clear image of the logo, with any colour claim
- Goods and services by class, in clear wording
- UK, Gibraltar or Channel Islands address for service (arranged through UK counsel)
- Indian priority details if filed within six months of the Indian application
If you held an EU mark before 2021
- The EU registration number, to identify the comparable UK mark
- Renewal dates: comparable marks are renewed with the UKIPO separately
- Evidence of UK use before 2021, which can still count for the comparable mark
What should you check before filing in the UK?
A short pre-filing review avoids the two most common UK problems: oppositions from earlier marks and specifications that are too broad.
- Earlier UK and comparable marks. Search the UK register, including the comparable marks cloned from EU registrations in 2021.
- Specification you can defend. Claim the goods and services you use or intend to use; very broad claims invite challenge for bad faith.
- Owner name. File in the name of the company that will control the brand in the UK, not a distributor.
- Priority. File within six months of your Indian application to claim its date.
Questions about UK trade marks from India
Does my EU trade mark protect my brand in the UK?
Not for marks filed since 1 January 2021. If your EU mark was registered before that date, a comparable UK mark was created automatically and is now a separate UK registration with its own renewal date.
Can an Indian company file at the UKIPO without a UK representative?
An overseas applicant can file, but the UKIPO needs an address for service in the UK, Gibraltar or the Channel Islands. In practice that means a UK representative, and one is required if the application is opposed.
Will the UKIPO refuse my mark because of an earlier similar mark?
Not by itself. The UKIPO tells you about earlier marks it finds and may notify their owners. Refusal on relative grounds happens only if an earlier owner opposes and succeeds.
Is the UK part of the Madrid System?
Yes. The UK is a Madrid member in its own right, so you can designate it in an international application filed through India.
How long does a UK trade mark last?
Ten years from the filing date, renewable indefinitely for further ten-year periods. A registration not used for a continuous five years can be revoked for non-use.
What are the UKIPO fees?
The UKIPO charges an application fee that covers one class, plus a fee for each extra class. Current amounts are on GOV.UK; we confirm them in writing before filing.