GB Legal Associates
UKIPO filings since the EU exit

Trademark Registration in the UK from India

UK Intellectual Property Office · Trade Marks Act 1994 · Direct or Madrid designation

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.

Speak to our international desk

Tell us the countries and the mark or invention. Written advice on the route within one working day.

Confidential. Reply within one working day. Never shared.

UKAt a glance
Trademark filing in the UK
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?

How long does UK trade mark registration take?
StageWhat happensTypical timing
Filing
Examination report
Response to objections
Publication
Opposition period
Registration
Renewal

What do you need to file a UK trade mark?

Application details

If you held an EU mark before 2021

What should you check before filing in the UK?

  • 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?
Can an Indian company file at the UKIPO without a UK representative?
Will the UKIPO refuse my mark because of an earlier similar mark?
Is the UK part of the Madrid System?
How long does a UK trade mark last?
What are the UKIPO fees?

Official sources

  1. 1.GOV.UK: Register a trade mark
  2. 2.GOV.UK: EU trade mark protection and comparable UK trade marks
  3. 3.GOV.UK: Trade mark forms and fees
  4. 4.WIPO: Madrid System
CallWhatsAppConsultation
Chat on WhatsApp