UK Series Trade Marks: What's Changing?
One of the UK's most useful trade mark shortcuts is about to disappear, so if you’re affected, you might want to take action sooner rather than later.
If your business uses more than one version of its logo or brand, a little-known feature of the UK trade mark system which saves you money may not be around for much longer.
Known as a series trade mark, this has long been an unusual feature of the UK trade mark system, shared by only a small number of countries, including Australia, New Zealand, Hong Kong, and South Africa.
A series trade mark allows multiple very similar trade marks to be registered in a single application, provided the differences between them do not substantially affect their identity.
Why do series trade marks exist?
Very few businesses use their branding in exactly the same way everywhere.
A logo may appear in colour on a website but in black and white on packaging. A word mark may be displayed in slightly different formats across advertising, product packaging or marketing materials. These are often simply different versions of the same brand rather than entirely new trade marks.
The series trade mark system recognises this commercial reality. Instead of requiring a separate application for every minor variation, it allows qualifying versions of the same mark to be registered together in a single application.
For businesses, this can reduce filing costs, simplify the registration process and make it easier to manage a trade mark portfolio over the long term.
What's changing?
The UK Intellectual Property Office (UK IPO) is proposing to abolish series trade marks as part of its Trade Mark Transformation Programme, which aims to modernise the UK's trade mark services.
Although no implementation date has yet been announced, series applications will no longer be available once the changes take effect.
As a result, businesses that currently qualify for a series application are likely to need separate trade mark applications for each version of their brand they wish to protect. This could increase both filing costs and future renewal costs.
Should you act now?
If you're using more than one version of your logo, it's worth reviewing your trade mark strategy while the current system remains available.
Not every group of similar marks qualifies as a series. The differences between them must be so minor that they do not substantially affect the identity of the mark. The UK Intellectual Property Office has published guidance on series trade mark applications.
Whether your marks satisfy the legal requirements will depend on the specific differences between them, so obtaining professional advice before filing can be worthwhile.
Examples that may qualify include:
- colour and black-and-white versions of the same logo;
- a logo with only minor stylistic differences; and
- other variations that do not materially alter the overall identity of the mark.
Whether you're registering a single trade mark, considering a series application, or simply want to understand your options, our team can provide clear, practical advice tailored to your business. Get in touch with Azrights team.
