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TerraLex Cross-Border Guide to Cross-Border Trademark Guide
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Scotland Cross-Border Trademark Guide Guide
- Firms:
- Brodies
- Authors:
- Alison Bryce, Monica Connolly, Martin Sloan, Ryan Kellingray
- Date posted:
- 01/04/2026
- Last update:
- 14/10/2022
Generalities
1.1. Simple effective use in commerce?
Yes.
1.2. Registration?
Yes.
1.3. Cautionary notice?
No
1.4. Intensive use (notoriety)?
Yes.
1.5. Public recognition?
Yes.
1.6. Well-known character?
Yes.
1.7. Other (if yes, please specify)?
N/A
Registrable types of mark
See below
2.1. Individual mark?
Yes.
2.2. Collective mark?
Yes.
2.3. Certification mark?
Yes.
2.4. Well-known mark?
Yes.
2.5. Other (if yes, please specify)?
N/A
Registrable forms of mark
See below
3.1. Word mark?
Yes.
3.2. Figurative mark with word elements?
Yes.
3.3. Figurative mark?
Yes.
3.4. Shape mark?
Yes.
3.5. Shape mark with word elements?
Yes.
3.6. Position mark?
Yes.
3.7. Pattern mark?
Yes.
3.8. Color (single) mark?
Yes.
3.9. Color (combination) mark?
Yes.
3.10. Sound mark?
Yes.
3.11. Motion mark?
Yes.
3.12. Multimedia mark?
Yes.
3.13. Hologram mark?
Yes.
3.14. Other (if yes, please specify)?
Yes. Please note we have selected yes for the shape mark containing a word element, however this will most likely be called a three-dimensional mark at the UK IPO. Likewise we have selected yes for the position mark, although the UK IPO doesn’t use this terminology, it would categorise the mark as a figurative or colour/shape mark, depending on the specific mark in question.
Series marks are also possible, i.e.: a number of trade marks which resemble each other as to their material particulars and differ only as a matter of non-distinctive character which would not affect the identity of the trade mark (maximum of six per application).
Possibility of claiming a foreign priority
Yes.
4.1. If yes, what is the time limit (months from date of…)?
Six months from the date of filing.
Classification of goods and services
See below
5.1. Nice classification adopted (if yes, indicate applicable version)?
Yes.
5.2. Local subclass system?
No.
Possible claims against new application
See below
6.1. Opposition proceedings implemented in trademark law?
Yes.
6.1.1. If yes, is the basis for opposition a prior registered trademark?
Yes.
6.1.2. If yes, is the basis for opposition a prior pending trademark application?
Yes.
6.1.3. If yes, is the basis for opposition a non-registered trademark in use?
Yes.
6.1.4. If yes, is the basis for opposition a non-registered notorious/famous mark?
Yes.
6.1.5. If yes, is the basis for opposition a prior company name/trade name?
Yes.
6.1.6. If yes, is the basis for opposition absolute grounds?
Yes.
6.1.7. Other (if yes, please specify)?
Yes. Relative grounds - including (i) by virtue of any rule of law (in particular the law of passing off, protecting designations of origin or geographical indications or by virtue of copyright or other earlier rights); (ii) if the agent or representative of the proprietor applies without the proprietors consent and is unjustified in doing so.
Observations from third parties? (If yes, indicate the basis for such observations.)
Yes.
7.1. Prior registered mark?
Yes.
7.2. Prior pending trademark application?
Yes.
7.3. Prior non-registered trademark in use?
Yes.
7.4. Prior non-registered notorious/famous mark?
Yes.
7.5. Prior company/trade name?
Yes.
7.6. Absolute grounds?
Yes.
7.7. Other (if yes, please specify)?
Yes. By virtue of any rule of law (in particular the law of passing off, protecting designations of origin or geographical indications or by virtue of copyright or earlier right); if the agent or representative of the proprietor applies without the proprietors consent and is unjustified; if the mark consists of arms, protected emblems or contrary to accepted principles of morality.
Mandatory formalities preliminary to filing application?
No.
8.1. Similarity search
No.
8.1.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
8.2. Others?
N/A
8.2.1. If yes, what is the time frame (weeks/months) and approximate cost?
N/A
Specification of goods and services
Class system
See below
9.1. Single class system?
No.
9.2. Multiclass system?
Yes.
9.2.1. Separate applications for goods and services mandatory?
No.
Possible restrictions on goods/services (e.g. alcoholic beverages, retail services, etc. not allowed, or only class headings eligible, etc.)
Yes.
10.1. If yes, please specify.
Classification requires specification (i.e. the goods and services must be described with sufficient clarity and precision).
Special claims/regulations
See below
11.1. Claim of previous use possible?
Yes.
11.1.1. If yes, is proof required (affidavit, use specimens, etc.)?
Yes.
11.1.2. If yes, through which kinds of proceedings can the proof of use be requested (opposition, cancelation, renewal proceedings, etc.)?
Opposition, revocation, and cancellation proceedings.
11.2. Disclaimer
Yes.
11.3. Previous registration in country of origin required
No.
11.4. Changes in the mark appearance during the application proceedings possible
No.
11.5. Restrictions regarding trademark owner (e.g. trademark protection not eligible for owner from particular countries).
Yes.
11.5.1. If yes, please specify.
An applicant must be an individual (a natural person) or legal person, capable of owning property in their own name, and must provide address for services in the United Kingdom, Gibraltar or the Channel Islands.
11.6. Is there any legal term from which the trademark must be used in order to avoid a possible cancellation?
Yes.
11.6.1. If yes, please specify.
Five years from the date of registration.
11.7. Other (if yes, please specify)
Yes. - Prohibition on registration of marks consisting of arms, protected emblems or contrary to accepted principles of morality;
-
An applicant / proprietor can request division of the specification of the application / registration into two or more separate marks;
-
The proprietor of two or more registrations, which were filed on the same date, can request the merger of those registrations into a single registration.
Filing documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
12.1. Power of attorney
No.
12.2. Evidence of pre-registration in country of origin
No.
12.3. Priority documents (if priority claimed)
No.
12.4. Other (if yes, please specify)
The UK IPO may, by notice, require the applicant to file, within such period of not less than one month as the notice may specify, such documentary evidence as the registrar may require certifying, or verifying the priority or seniority claim to the satisfaction of the registrar.
Late filing of documents
See below
13.1. Is late filing of documents permitted?
No
13.1.1. If yes, please indicate the time limit (days/months from....).
N/A
13.2. Official late filing fee due?
No.
Means for representation of the mark (for instance JPEG with XY pixels)
See below
14.1. Figurative mark with word elements
JPEG, TIFF, GIF, PNG
14.2. Figurative mark
JPEG, TIFF, GIF, PNG
14.3. Shape mark
JPEG, TIFF, GIF, PNG, OBJ, STL and X3D
14.4. Shape mark with word elements
JPEG, TIFF, GIF, PNG, OBJ, STL and X3D
14.5. Position mark
JPEG, TIFF, GIF, PNG
14.6. Pattern mark
JPEG, TIFF, GIF, PNG
14.7. Color (single) mark
JPEG, TIFF, GIF, PNG
14.8. Color (combination) mark
JPEG, TIFF, GIF, PNG
14.9. Sound mark
MP3, JPEG, TIFF, GIF, PNG (notation)
14.10. Motion mark
MP4, JPEG, TIFF, GIF, PNG
14.11. Multimedia mark
MP4
14.12. Hologram mark
MP4, JPEG, TIFF, GIF, PNG
Local legal representatives for foreign applicants
See below
15.1. Are local legal representatives mandatory for foreign applicants?
Yes.
15.2. Possibility of having representatives domiciled in another country?
Yes.
15.2.1. If yes, please specify the countries.
Regarding the question above, from 1 January 2021 new trademark applications and contentious actions at the UK IPO will require a 'UK address for service', but does not require a local legal representative. In effect, applicants and opponents can represent themselves, but will require a representative with a UK address to accept service of any correspondence or decisions on their behalf regarding the application / opposition.
Examination
See below
16.1. Is there formal examination?
Yes.
16.1.1. If yes, does the formal examination take place prior to the publication of the application?
Yes, prior to publication.
16.2. Is there examination on absolute grounds?
Yes.
16.3. Is there examination on relative grounds?
Yes.
16.4. Can relative grounds be objected by the Trademark Office or only by the prior rights' owners?
Yes.
16.5. Are letters of consent admissible to overcome ex-officio citations of prior marks?
Yes.
16.5.1. If yes, is notarization or legalization required?
No.
16.6. Is there an examination timeframe if no official objections are raised?
Yes.
Publication
See below
17.1. Publication before registration?
Yes.
17.2. Publication after registration?
Yes.
17.3. Publication in trademark Gazette?
Yes.
17.4. Publication in local newspapers?
No.
17.5. Official publication fee due?
No.
Registration
See below
18.1. Certificate of Registration in paper form?
Yes.
18.2. Certificate of Registration in electronic form?
Yes.
18.3. Term of protection of the mark? Please include term details
Yes.
18.3.1. As from priority date?
Yes.
18.3.2. As from filing date?
Yes.
18.3.3. As from registration date?
No.
18.3.4. As from actual registration date?
No.
18.3.5. As from date of issuance of Certificate of Registration?
No.
18.3.6. Other (if yes, please specify)
N/A
18.4. End of grace period of use? Please include term details
Yes, five years.
18.4.1. As from official registration date?
Yes.
18.4.2. As from actual registration date?
Yes.
18.4.3. As from end of opposition deadline?
No.
18.4.4. As from conclusion of opposition proceedings (if any)?
No.
18.4.5. Other (if yes, please specify)
N/A
18.5. How long can we expect a decision on the application by BPTO?
Provided the examiner does not identify any material issues to be addressed during examination and the application is unopposed, the grant of registration by the UK IPO takes approximately four months from date of filing.
Official fees due at the time
See below
19.1. Filing
Yes.
19.2. Publication
No.
19.3. Registration
No.
19.4. Other (if yes, please specify)
Yes. Additional fees payable if: - additional classes of goods / services are added;
-
an opposition is filed against the application (by the opponent);
-
a request to record a change of ownership, partial assignment, record or amend a licensee, security interest, or requests to divide an application are filed;
-
the registration is renewed or restored.
19.5. Link to the official website of the Trademark Office where the fees are accessible and updated.
Renewal
Documents required (please indicate whether notarization, apostille, legalization, and/or scanned copies are permitted)
See below
20.1. Power of attorney
No.
20.2. Original registration certificate
No.
20.3. Affidavit of use
No.
20.4. Evidence of use
No.
20.5. Others (if yes, please specify)
Yes. The correct renewal form (Form TM11) must be be submitted to the UK IPO.
Is the late filing of documents admissible? If yes, please indicate the time limit.
Yes, 12 months after the expiry of the registration.
21.1. Official late filing fee due?
Yes.
Is there a renewal grace period provided for by law? If yes, please indicate the timing.
Yes. Registrations can be renewed six months before and up to six months after the expiration date by submitting the correct form (Form TM11). If the registration is not renewed within this period, it is also possible to restore it within the period six months after and up to 12 months of the original expiry date. The UK IPO will only restore the registration if it is satisfied with the written statement (explaining why it was not renewed on time) accompanying the application to restore (Form TM13) and, from 31 March 2021, payment of an additional fee.
Special maintenance requirements
See below
23.1. First declaration of use?
No.
23.2. Time to file?
No.
23.3. Extensions permitted?
No.
23.3.1. If yes, please indicate the number allowed (as the maximum accepted)
N/A
23.4. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
23.5. Second declaration of use? If other, please specify.
No.
23.6. Time to file?
No.
23.7. Extensions permitted?
No.
23.7.1. If yes, please indicate the number allowed (as the maximum accepted).
N/A
23.8. Documents required (affidavit/declaration, notarized/legalized, evidence of use, subject to official fees)?
No.
Recording of changes/limitation
See below
24.1 Limitations of lists of goods/services?
Yes.
24.1.1. Possible at any stage or only after registration?
Yes.
24.1.2. Official fees due?
No.
24.2. Change in name or address of owner?
Yes.
24.2.1. Possible at any stage or only after registration?
Yes.
24.2.2. Documents required (original or scanned)?
No. The correct form (Form TM21A) must be submitted to the UK IPO, but no other official documents required.
24.2.3. Official fees due?
No.
24.3. Change in ownership?
Yes.
24.3.1. Possible at any stage or only after registration?
Yes.
24.3.2. Documents required (original or scanned)?
No.
24.3.3. Official fees due?
Yes.
24.4. Change of representative?
Yes.
24.4.1. Possible at any stage or only after registration?
Yes.
24.4.2. Documents required (original or scanned)?
No. The correct form (Form TM16) must be submitted to the UK IPO, but while official documents recording the transfer of ownership may be submitted it is not mandatory.
24.4.3. Official fees due?
No.
Link to the official website of the Trademark Office where the official fees are accessible and updated.
Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.