Introduction
Trademark fosters consumer trust, serves as critical assets for businesses, while protecting brand identity. While the core principles of trademark law are similar all over the globe, but different jurisdictions have their distinct procedures, rules, and strategic regards. This article comparatively unfolds the trademark registration processe in US, UK, EU and India to help brand owners and agents to make informed decisions when registering Intellectual Property and securing rights across borders.
United States (USPTO)
Key Features:
The United States Patent and Trademark Office (USPTO) holds the authority of registration. The filing can be done on the basis of actual use, intent to use, and foreign application/registration under Section 44 or 66 of Madrid Protocol. Application process starts with submitting via TEAS (Trademark Electronic Application System), than reviewing for conflicts and legal compliance by the examiner, publishing in the Official Gazette, a 30-day opposition window opens for filing of opposition by third party, registration is done if opposition fails or in absence of any opposition filed, renewal in every 10 years, the use must be proved with periodic filings.
Strategic Consideration:
The U.S. trademark law prioritizes the use in commerce, and an actual use must be shown before final registration, if filed on intent-to-use basis.
United Kingdom (UKIPO)
Key Features:
The UK Intellectual Property Office (UKIPO) holds the authority of registering any trademark application. The application process starts with applying either online or by post, then it enters into examination process done by Intellectual Property Office in a formal and substantive manner, after examination the trademark publishes in Trade Mark Journal, 2 months opposition period is reserved to file any opposition which can be extended to 3 months as well. The Nice Classification system is used for classification of Goods and Services. The renewal of registered Trademark is supposed to be done in 10 years; proof regarding continuous use is not required.
Strategic Consideration
The registration process followed in UK is relatively streamlined, making it pleasing for small businesses. UK filings are no longer covered under EU registrations after the Brexit.
European Union (EUIPO)
Key Features:
The European Union Intellectual Property Office (EUIPO) governs the registration process for a trademark in European Union (EU). It allows applicants to have a single trademark registration which gives protection across all EU member states. The process of registration includes filing of an application either online or via posts, selection of an appropriate Nice Classified class for goods and services, undergoing a formal examination for compliance and absolute grounds of refusal.
The application is then published in the EU Trademark Bulletin, and a 3 month opposition period is given to third parties to object/oppose based on prior registrations and vested rights. In absence of an opposition or failed grounds to prove, the registration of the said trademark is done and is valid for 10 years, and can be renewed indefinitely. The unitary character of the EU trademark is a notable benefit, meaning that it can be enforced in all EU countries simultaneously, making it efficient and cost effective for businesses operating across Europe.
Strategic Consideration
Though a single EU trademark (EUTM) provides a comprehensive protection, while rejection from one country may impact entire application.
India (CGPDTM)
The Trade Marks Act, 1999 governs the registration process in India and is administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) which comes under Ministry of Commerce and Industry. The process starts with filing of an online or offline application, stating clearly the correct class of goods or service as per the Nice Classification. The application then goes under a comprehensive examination on absolute and relative grounds of refusal under Section 9 and 11 of the act. It then gets published in the Trademark Journal, if accepted.
A four month opposition period is given that allows third parties to raise objection/opposition. If no opposition is raised or opposition is unsuccessful, the mark is registered and a certificate is issued. The registered trademark is then valid, for 10 years and can be renewed indefinitely. The protection of the rights of the prior user is the key feature of Indian system. Unless applied for internationally through systems like the Madrid Protocol, trademark protection is territorial, covering only India.
A Comparison Table Between Registration Processes of different countries
| ASPECTS | USA | UK | EU | INDIA |
| Governing body | USPTO | UKIPO | EUIPO | CGPDTM |
| Legislation | Lanham Act | Trade Marks Act 1994 | EU Trade Mark Regulation (EUTMR) | Trade Marks Act 1999 |
| Application Mode | Online (TEAS) or Paper | Paper or online | Paper or online | Paper or online |
| Basis for filing | Intent to use / use in commerce | Intent to use or use | Intent to use or use | Intent to use or use |
| Examination Grounds | Relative and Absolute (prior marks include) | Relative and absolute | Relative and Absolute | Absolute and Relative (sec 9 and 11) |
| Publication Period | Official gazette- 30 days | 2 months but extendable | 3 months after the publication (EU bulletin) | 4 months (Trade mark journal) |
| Opposition Period | 30 days; can be extended to 90 | 2 months; can be extended to 3 | 3 months | 4 months |
| Validity of Registration | Renewable after 10 years | Renewable after 10 years | Renewable after 10 years | Renewable after 10 years |
| Member of Madrid Protocol | Yes | Yes | Yes | Yes |
| Territorial Coverage | In US only | Just in UK | In all 27 EU member states | In India |
| Unique features | Actual use required (use based system) | Application in fast track mechanism | Unitary protection in all EU states | Examined manually; prior user rights recognized. |
Conclusion
In conclusion, each country or region adopts a unique procedural and legal frameworks while keeping the core principles, such as examination, publication, opposition, and renewal, consistent across jurisdictions. The US’s system requires actual use for registration and maintenance due to the strict use-based system. While the laws of UK and India allows applications based on proposed use but also differ in opposition periods and timeline procedures. EU offer a unitary registration system, hence offering cost-effective protection across all member states. Having a strong understanding on these differences is essential for businesses and legal professionals those seeking brand protection in multiple jurisdictions.
Author: Somya Kataria, law student at Amity University Madhya Pradesh
Link to CGPDTM’s official website: https://ipindia.gov.in
Link to similar articles: https://jpassociates.co.in/ai-generated-content/
