Scotland is a country that is part of the United Kingdom. Thus, in order to obtain trademark protection in Scotland, you must first register with the United Kingdom Intellectual Property Office (UKIPO).
A trademark that is registered in the United Kingdom is valid across the region. England, Scotland, Wales, Northern Ireland, the Isle of Man, and the British Indian Ocean Territory (BIOT) are all included.
Scotland is a jurisdiction that follows the “first-to-file” rule. The first person to file a trademark, not the first person to use it, gets the rights to it. There are several exceptions to this rule, such as well-known trademarks or trademarks filed in bad faith.
After January 1, 2021, trademarks registered in the European Union are no longer valid in Scotland.
Before BREXIT, trademarks registered in the European Union were protected in the United Kingdom. The UK trademark office grants the trademarks in this case a similar trademark. Similar trademarks are distinct from the trademarks registered in the European Union. Any modifications to this trademark must be submitted to IPO UK immediately.
Filing requirements in Scotland
English is the official language of the UK IPO’s proceedings.
In order to acquire the date of filing, a trademark application in Scotland must provide the following information:
– request for registration of a trademark;
– name and address of the applicant;
– list of the goods and/or services;
– representation of the trademark;
– proof of payment of the prescribed fees.
Currently, Scotland trademark law does not necessitate the submission of a Power of Attorney when filing a trademark application.
It is not generally necessary to submit the Priority Document.
In Scotland, you have six months from the priority date to file a trademark application claiming conventional priority.
Examination, publication, and opposition to a trademark application
Following the acceptance of a trademark application by the UK IPO, it is subjected to formal and substantive examinations.
If the Registrar approves a trademark application, it will be published in the Journal. Any individual may file a sufficiently reasoned objection to a trademark registration application within two months after its publication. The period can be extended for another month if necessary.
Grant, period of validity, and renewal of a trademark
There is no official grant fee to be paid. Trademark registration is valid for ten years after it is filed. The registration can be renewed for a total of ten years. A renewal application must be submitted six months prior to the registration’s expiration date. If a corresponding surcharge has been paid, the trademark may be renewed within six months of the renewal due date.
How long does it take to register a trademark in Scotland?
If the Registrar raises no objections during the examination and no oppositions are lodged, the processing period from first filing to registration is typically 6 months.
Use requirement
If a trademark has not been used for five years after it was registered in the UK, it can be revoked on the basis of non-use at the request of a third party.
Representation by a trademark attorney
It is suggested that international applicants residing outside the United Kingdom conduct trademark prosecution in the United Kingdom through an agent, a licensed UK trademark attorney.
The list of Scotland IP Firm here.