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One of the most effective ways to get protection for your business in the United Kingdom is Trademark registration through the United Kingdom Intellectual Property Office. A person may get protection of an unregistered trademark in the United kingdom as well which will start from the day of using the trademark. For an unregistered trademark, you cannot use ™ or ® with the trademark. The unregistered trademark can be enforced in the UK under the law of passing off. However, the unregistered trademark may not be claimed on any of the online platforms, for example Amazon, eBay, Walmart or other online marketplaces. The better protection is to get your trademark registered properly so you may claim your trademark anywhere online or offline and may use ® with your trademark which may be aware to the third parties of your trademark protection rights.
The procedure of trademark registration in the United kingdom is simple like other few countries. However, the procedure likelihood of confusion may be decided by the third parties. The procedure of registration in the United Kingdom may be considered as one of the fastest processes as compared to the other national intellectual property offices (IPO Offices).
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The Trademark Registration process in the UK is one of the fastest processing as compared to any other IPO office. Unlike the USA or CA, the UK does not perform prior likelihood examination, however, UK leaves such examination and discretion to the third parties whether to oppose such trademark or not. In UK examiner does not reject the trademark application on the basis of similar trademarks.
In UK trademark law is governed under the Trademark Act 1994, the Trademark regulation 2018
(Trademark directive (2015/2436) and the trademark regulation (2017/1001).
The relevant authorities are the United Kingdom Intellectual Property office (the “UKIPO”),
the High Court of England and Wales, the court of session in Scotland and the High Court of Northern Ireland.