What Is the UKIPO & How Do They Work?

As a business owner, protecting your intellectual property (IP) is going to play a key role in ensuring your business’s success. IP tends to be a fundamental aspect of most businesses. Due to this, getting familiar with the UK Intellectual Property Office (UKIPO) is not only advantageous but necessary for most business owners. We’ve broken down some of the key things you’ll need to know about the UKIPO and how utilising their services can help your business. 

The UKIPO is the main government body that deals with intellectual property rights in the United Kingdom. The agency helps facilitate and maintain the regulations around intellectual property rights.

If you want to register a form of IP, then you will need to go through the UKIPO. Moreover, if you’re searching for existing designs, then UKIPO’s search is the best place to look. This is because they have the most comprehensive and trusted data regarding national IP. 

What Categories Of Intellectual Property Does the UKIPO Service? 

The UKIPO provides services regarding 4 main types of intellectual property. These are: 

• Trade marks
• Patents
• Designs 
• Copyright

Just so you know, these categories don’t include all types of IP.

Suppose you have a trade secret or have produced a creation safeguarded by copyright. Even though the UKIPO can’t offer protection, there’s still a range of legal instruments that can be utilised to protect your IP. Some of these include: 

• IP Assignment Deed
• Intercompany IP Licence
• IP Licence

The specific legal protection will depend on your unique circumstances. So, even if something can’t be registered, it’s worth talking to a legal expert about your options regarding IP protection.

What Is The Difference Between, A Trademark, Patent and Design?

Understanding the differences between each form of IP can help in identifying which one will apply to you. We’ve quickly summarised the basics of the three types of intellectual property that can be registered: 

Trade marks: A unique and recognisable expression can be registered as a trade mark. A wide range of things can be considered a trade mark, from symbols, pictures, names and even sounds. Trade marks are often used to build a brand’s identity and set them apart from competitors. 

Patents: If you have a new invention, then you’ll need to get it registered as a patent in order to protect it. Once it’s registered as a patent, the inventor will be able to exclusively make, use and sell their invention. 

Designs: Products may have a specific look or visual appearance that’s distinctive. This is known as a design. You can get a design registered with UKIPO to stop others from using the same one. 

The registration process for trade marks, patents and designs differ from one another. If you want to know more about how the registration process works, we suggest chatting to one of our IP Experts.  

How Do You Register A Trade Mark With the UKIPO? 

The basic steps to register a trade mark include: 

• Searching to see if the trade mark has already been taken 
• Filing an application (in all the right classes)
• Once the application has been approved, the trade mark goes into opposition
• If the trade mark isn’t opposed, then it will be published after the opposition period 

You may be wondering, what is an opposition period? 

The opposition period is essentially where your trade mark is published for any member of the public to view. The opposition period allows members of the public to dispute the registration of a particular trade mark. 

If your trade mark goes into opposition you will have two options. The first is to drop the application all together and find a different trademark to register. Alternatively, you can opt to fight for your trade mark by responding to the opposition.

Having a legal expert in your corner can make this process much easier, from filing the initial  application to going through opposition if necessary. Sprintlaw’s legal experts are happy to help with every phase of getting a Trade Mark Registered.  

What Is The Duration Of Trademark Protection?

In the UK, trade mark protection lasts for about 10 years. You will have the option to renew your trade mark before this time period ends. It’s essential to stay on top of this timeline. If you don’t renew your trade mark on time, then the registration will expire. Once your trade marks registration expires, it will be available for re registration by anyone else. It won’t be fun going through the process all over again and even less fun if someone takes it first! 

Can I File An International Trade Mark Application?

International trade mark applications cannot be filed through the UKIPO. 

Getting an international trade mark is great as it can help you secure protection for your trade mark in regions outside of the UK. You have the option of applying directly to the country of your choice however, many people choose to use the Madrid System instead. 

The Madrid System allows you to do one application for an international trademark, just as long as the country or countries you’re choosing to apply in are members of the Madrid System- there’s well over 100, so your chances are good. 

As we noted, you can’t do this directly through UKIPO however, you’ll need to go through UKIPO first. For an application to be submitted through the Madrid System, it needs to meet the following requirements: 

• The trade mark in question must be registered in the UK or be in the process of registration 
• The international trade mark needs to be under the same name of the individual or organisation as the original trade mark
• The design for the international and original trade mark need to be identical to one another

Essentially, you will need to have the trade mark registered domestically before you can seek international protection for it. Going through the Madrid system can be complex, it’s always wise to have the help of a legal expert when applying for an International Trade Mark to ensure the application process goes smoothly.  

Next Steps 

The UKIPO plays a crucial role in securing your business’s IP. Knowing what they do, how they work and the other ways you can protect your IP can help your business survive in this competitive market. To summarise what we’ve discussed: 

• UKIPO is the main government body for intellectual property (IP) rights in the UK, facilitating and regulating IP rights
• UKIPO offers services related to trade marks, patents and designs, helping businesses protect their creative assets
• UKIPO doesn’t provide protection for all types of IP. Legal instruments can secure protection for other forms of IP like trade secrets and copyright
• Understanding the distinctions between trade marks, patents and designs helps determine applicable protection
• Registering a trademark involves steps like searching for existing trade marks, filing an application and dealing with opposition if any
• Trade mark protection lasts approximately 10 years, requiring timely renewal to avoid expiration
• UKIPO does not offer legal advice, so consulting an IP law expert is essential due to the complex nature of IP law
• Registering IP or utilising legal documents is vital for proving ownership and protecting assets

If you would like a consultation on the UKIPO, you can reach us at 08081347754 or [email protected] for a free, no-obligations chat.

---