Trademark registration, copyright, patents, trade secrets and IP litigation.
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EU trademark registration (EUTM) covers all 27 EU member states in a single filing. For non-EU countries, separate national registrations or Madrid Protocol filings are needed.
EU trademarks typically take 4–6 months if unopposed. A lawyer can handle the filing, respond to office actions and monitor for infringement.
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Find My Lawyer in 60 SecondsUK intellectual property law is administered by the Intellectual Property Office (UKIPO) and governed principally by the Copyright, Designs and Patents Act 1988 (CDPA 1988) (copyright and unregistered design right), the Trade Marks Act 1994 (TMA 1994), the Patents Act 1977 (PA 1977), and the Registered Designs Act 1949. Following Brexit on 31 January 2020, EU trade marks (EUTMs) and Registered Community Designs (RCDs) no longer protect the UK — existing rights were converted into UK equivalents (UK Trade Marks, UK Registered Designs) on 1 January 2021 under the Withdrawal Agreement. New EUTMs filed after 31 December 2020 have no effect in the UK.
| Right | UKIPO Fee | Duration / Renewal | Notes |
|---|---|---|---|
| UK Trade Mark (1 class) | £170 online; £200 paper | 10 years; renewal £200/class (online) | Additional classes: £50 each (online) |
| UK Trade Mark (3 classes) | £270 online | 10 years | Most efficient for standard filings |
| Patent (UK national) | £35 (search) + £130 (examination) + £90 (grant) | 20 years; annual renewal from year 5 (£70–£620) | Substantive examination; average 5 years to grant |
| Registered Design (1 design) | £50 online; £60 paper | 5 years; renewable up to 25 years (£70/renewal) | Additional designs in same application: £30 each |
| Copyright | £0 (automatic on creation) | Life + 70 years (CDPA 1988 s.12) | No registration; deposit at British Library for evidence |
| Unregistered Design Right (UK) | £0 (automatic) | 10 years from first marketing / 15 from creation | CDPA 1988 Part III; surface decoration excluded |
| EUIPO Trade Mark (EU, post-Brexit) | €850 (1 class) / €50 each additional up to 3 | 10 years; renewal €850/class | No UK effect; separate UKIPO filing needed |
Trade secrets in the UK are protected by the Trade Secrets (Enforcement, etc.) Regulations 2018 (SI 2018/597), which implement EU Directive 2016/943 into UK law (retained post-Brexit). A trade secret is information that: is secret; has commercial value by virtue of its secrecy; has been subject to reasonable steps to keep it secret. Remedies: interim and final injunction; damages; account of profits; delivery up/destruction of infringing goods; publication of judicial decision. English common law equitable duty of confidentiality remains alongside the statutory regime (Coco v AN Clark (Engineers) Ltd [1969] RPC 41).
| Category | Duration | Key Exceptions |
|---|---|---|
| Literary, dramatic, musical, artistic works | Life + 70 years | Fair dealing: research/private study (s.29); criticism/review (s.30); news reporting (s.30(2)); parody (s.30A) |
| Computer programs | Life + 70 years | Lawful use; decompilation for interoperability (s.50B); error correction (s.50C) |
| Films | 70 years from death of last of: principal director, author of screenplay/dialogue, composer of specifically created music | Time-shifting for private use (s.70); broadcast recording (conditions) |
| Sound recordings | 70 years from publication | Personal copies for private use (s.28B); public interest (s.171(3)) |
| Broadcasts | 50 years from first broadcast | Time-shifting; incidental inclusion (s.31) |
| Database right (sui generis) | 15 years from completion / publication | Lawful use for any purpose; extraction for text/data mining for research (s.29A) |
The Intellectual Property Enterprise Court (IPEC) handles lower-value IP disputes (up to £500,000 in value; capped costs recovery at £60,000). Small claims track in IPEC: claims up to £10,000; capped costs at £10,000 — the most accessible route for SMEs and individual creators. Higher-value IP disputes go to the Business and Property Courts (Chancery Division), including the Patents Court. The UK Intellectual Property Office has a free trade mark mediation service and non-binding opinions on patent validity/infringement (UKIPO Opinions Service, £200 fee, 3-month turnaround).
A London startup registered "LUMÉ" as a UK trade mark for clothing (Class 25) in 2019. A French luxury house registered "LUMIÈRE" in the UK (converted from EUTM in 2021). French house issued a Letter Before Action alleging passing off and trade mark infringement under TMA 1994 s.10(2) (likelihood of confusion) and s.10(3) (reputation/detriment). IPEC proceedings issued. Startup's defence: different trade channels, different price point, acquired distinctive character. At IPEC trial, judge found no likelihood of confusion in relevant trade (IPEC Judge Clarke, applying the multi-factor Specsavers International Healthcare Ltd v Asda Stores Ltd [2012] EWCA Civ 24 test). Startup succeeded; costs awarded within IPEC cap (£60,000 — actual costs £42,000). French house appealed; Court of Appeal dismissed appeal. Total proceedings: 3 years, £135,000 total costs (both parties).
