INTELLECTUAL PROPERTY RIGHTS IN THE UNITED KINGDOM
First Renewal Term
Subsequent Renewal Term
The Trade Marks Act (TMA) 1994 is the primary law governing the mechanism of trademark registration and protection in the United Kingdom.
For getting a trademark registered in the UK, an application has to be filed with the UK Intellectual Property Office (UKIPO, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
The United Kingdom follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months from the date of its publication in the Trade Marks Journal.
In the United Kingdom, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
The United Kingdom is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, and the European Patent Convention.
The Patents Act 1977 - deals with the mechanism of patent protection in the United Kingdom.
For seeking patent protection in the United Kingdom, an application has to be filed with the UKIPO, which administers the entire process of patent grant.
In the United Kingdom, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In the United Kingdom, pre-grant opposition cannot be filed against a patent.
Patents last for twenty (20) years in the United Kingdom. The first annuity is due on the 4th anniversary of the filing date, but it is only payable at the grant of the patent. Annual fees should be paid within three (03) months before or one (01) month after the due date to avoid the late payment fees. Late payment is possible within a grace period of six (06) months by paying the corresponding surcharge.
The Registered Designs Act, 1949 - governs and deals with the mechanism of registration of industrial designs in the United Kingdom.
For getting an industrial design registered in the United Kingdom, an application has to be filed with the UKIPO, which administers the entire process of registration.
The types of industrial design applications that can be filed in United Kingdom include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in the United Kingdom at the pre-grant stage.
The industrial design registration in the United Kingdom is valid for five (05) years from the filing date. This term may be renewed four (04) times up to a maximum of twenty-five (25) years.
An application for renewal must be filed six (06) months before and one (01) month after the expiration date of the registration to avoid the late payment fees.
There is a grace period of six (06) months for the late renewal of a registered industrial design along with a surcharge.
The United Kingdom is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright, Designs, and Patents Act 1988 - is the basic legislation governing copyright protection in the United Kingdom.
In the United Kingdom, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
The standard term of copyright protection is life of the author plus seventy (70) years after his death.
Crown copyright works have a basic term of protection of fifty (50) years from date of commercial publication.