Other than actually figuring what what you should trademark, or the content of the application, this is a summary of the process starting from when you submit your application:


1. You submit your application to the Trademark Office via https://www.gov.uk/how-to-register-a-trade-mark.

2. You are then assigned a Trademark Officer who will review your application. The Trademark Officer first looks at the content of the application determine whether or not your application is capable of being trademarked (e.g. if you are registering the trademark ‘Apple’ for an ‘Apple Shop’, you will be rejected because trademarks can not be directly descriptive of your business).

3. The Trademark officer will help you ensure that the application has been done correctly (e.g. appropriate classes, and descriptions which make sense) and they will recommend any changes if needed.

4. Once the application itself is finalised with the Trademark Officer, they do their own conflict search to identify pre-existing trademarks which you could be potentially overlapping with – and then they send a notice to all the relevant pre-existing trademark owners notifying them of your registration and giving them an opportunity to oppose your registration.

5. If pre-existing trademark owners oppose, they need to pay £100 and go through a process and you will be notified – and then you can try and resolve it with them/negotiate an agreement or there is a possibility your application ends up being unsuccessful.

6. If no existing trademark owners oppose within 3 months, your trademark is registered.

Let us know if you are unsure.

This anonymous Q&A request was responded to by Legal Sidekick. Legal Sidekick is the legal platform for startups. If you have general legal questions, you can submit them to us and we can feature them anonymously, with responses, on the Encyclawpedia. For other queries on trademarks or generally, contact us directly.


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