When seeking trade mark protection in the UK, brand owners frequently ask whether it is better to apply for a CTM or a UK national mark. CTMs are excellent value for money (€900 official fee for coverage in 28 countries, including the UK, in up to three classes), but there are important advantages to having key brands registered as UK national marks in addition to CTMs. If budgets permit, and particularly if the UK is a key jurisdiction for a brand, we recommend securing trade mark protection both as a UK national registration and as a CTM. Many brand owners employ such a strategic, ‘belt and braces’ approach.
Benefits of dual protection
There are a number of benefits to having a UK national mark registration in addition to a CTM. These are likely to have an impact in the following scenarios:
- Proving genuine use of a trade mark.
- Filing evidence of use for the purposes of acquired distinctiveness/claiming a reputation.
- Infringement proceedings.
- Notification of prior UK rights.
- Statutory defence to infringement of earlier UK mark.
We are delighted to offer our clients a reduced fixed fee of £500/$825 for obtaining a UK registration if filed at the same time as a CTM application. This includes official fees and covers the entire process from filing through to registration. For further information please contact your usual D Young & Co advisor.
Assuming an identical specification for both a CTM and UK mark in up to three classes, and that the UK application proceeds to registration without objection or prior rights being raised. USD ($) figure given is based on currency conversion rate applicable at time of printing. Offer valid up to and including 01 July 2014. VAT (where applicable) is not included.