Best Trademark Lawyers in Aberdeen

About Trademark Law in Aberdeen, United Kingdom

Trademark law in the United Kingdom protects signs that distinguish the goods or services of one business from those of others. In UK legislation the term is written as trade mark, but you will also see trademark used. Aberdeen businesses across energy, life sciences, food and drink, tourism, and technology rely on trade marks to protect brand names, logos, slogans, product shapes, and even certain sounds or colours. Registration is handled by the UK Intellectual Property Office, often called the UKIPO. Registration grants nationwide rights in England, Scotland, Wales, and Northern Ireland, including the ability to stop others using identical or confusingly similar signs for related goods or services.

Unregistered signs can sometimes be protected under the common law action of passing off, but this is harder to prove and usually more expensive to enforce. For most trading businesses in Aberdeen, early registration of key brand assets is a practical and cost-effective foundation for growth, investment, and enforcement.

Why You May Need a Lawyer

You may need a solicitor or trade mark attorney when choosing and clearing a new brand, because a professional search and advice can identify risks that a quick online search will miss. If you are expanding beyond Aberdeen or exporting, you will need a strategy for protection in other countries and a professional can coordinate filings under the Madrid Protocol or via local agents. When filing applications, the specification of goods and services and the choice of classes can determine how strong and useful your protection is. Getting this wrong can cause objections, oppositions, or a registration that is too narrow to help you.

Legal help is often essential if you receive an examination objection from the UKIPO, face an opposition from another brand owner, or need to oppose a conflicting application that threatens your space. A lawyer can also help if you discover counterfeits at markets or online, need urgent interim relief such as an interdict in Scotland, want to license or assign your trade marks to investors or group companies, or must defend a non-use revocation or invalidity challenge. Aberdeen businesses also turn to lawyers to set up brand monitoring, domain name recovery, and to align trade mark protection with company names and social media handles.

Local Laws Overview

Key UK statutes and rules include the Trade Marks Act 1994 and the Trade Marks Rules 2008. The UKIPO examines applications on absolute grounds such as distinctiveness and descriptiveness, and it searches for earlier marks. Owners of earlier marks are notified and can oppose after publication. The standard opposition window is 2 months from publication, extendable by 1 month if a notice of threatened opposition is filed. If there is no opposition or after any opposition is resolved, the application proceeds to registration.

Registration lasts 10 years from filing and is renewable every 10 years. If a mark is not put to genuine use in the UK within 5 years of registration, it can be vulnerable to non-use revocation. Post-Brexit, EU trade marks no longer cover the UK. Existing EU registrations were cloned into comparable UK registrations on 1 January 2021 and now require separate maintenance and enforcement. New protection in the UK requires a UK filing or a UK designation via the Madrid Protocol. A UK address for service is required for new filings and for contentious proceedings at the UKIPO.

Scotland has its own civil court system. Most intellectual property litigation in Scotland proceeds in the Court of Session in Edinburgh, which has specialist procedures for IP cases and can grant interim interdicts and other remedies. Local Sheriff Courts, including Aberdeen Sheriff Court, can deal with some matters, but complex IP disputes are commonly raised in the Court of Session. Administrative disputes over registration, such as oppositions, invalidity, and revocation, are handled by the UKIPO Tribunals. Criminal enforcement against counterfeiting is possible under the Trade Marks Act, and Trading Standards in Aberdeen can assist with investigation and seizure of counterfeit goods.

Using the ® symbol is lawful only for registered marks and only in relation to goods and services for which the mark is registered. Using ® for an unregistered sign is a criminal offence in the UK. The TM symbol can be used with unregistered signs. The UK applies a regional exhaustion regime. Goods put on the European Economic Area market by or with the consent of the trade mark owner may often be parallel imported into the UK, but UK-placed goods will generally require rights holder consent to be exported into the EEA. Domain name disputes under .uk can be addressed through the Nominet Dispute Resolution Service, and civil passing off may also apply to misuse of names online.

Frequently Asked Questions

What can be protected as a trade mark in the UK?

A trade mark can be any sign capable of being represented clearly and of distinguishing your goods or services. This includes words, logos, letters, numerals, straplines, shapes, colours, sounds, and combinations. The mark must not be descriptive or generic for the goods or services, and it must not be deceptive or contrary to public policy.

Do EU trade marks cover Aberdeen after Brexit?

No. EU trade marks no longer cover the UK. EU registrations that existed on 1 January 2021 were cloned into comparable UK registrations. New UK protection requires a UK application or a UK designation under the Madrid Protocol. If you only have an EU trade mark filed after that date, it gives no protection in the UK.

How long does UK registration take?

If there are no objections or oppositions, many applications proceed to registration in around 3 to 4 months. Timings vary. Examination typically occurs within a few weeks, followed by a 2 month publication period. Oppositions or formal objections can add several months or more.

How much does it cost to file?

Official UKIPO online fees are typically charged per class. As a guide, the fee is commonly in the region of £170 for the first class and £50 for each additional class. The UKIPO also offers a Right Start option that provides an initial assessment before you decide to proceed in full. Professional fees for clearance searches, drafting specifications, and managing objections are separate. Always check the latest UKIPO fee schedule before filing.

Do I need a lawyer or can I file myself?

Individuals and companies can file directly, but professional advice usually improves outcomes. A lawyer or trade mark attorney can clear the mark, draft a precise specification, navigate objections, handle oppositions, and set up a filing strategy that aligns with your business plan in Aberdeen and abroad. DIY filings often run into avoidable risks or narrow protection.

What is passing off and when is it used?

Passing off is a common law action that protects unregistered goodwill. To succeed you must prove goodwill in the sign, a misrepresentation by the other party leading the public to believe their goods or services are yours, and damage. It can be powerful but is evidence heavy and usually more complex than enforcing a registration. Most businesses register to avoid relying solely on passing off.

How do oppositions work?

After the UKIPO accepts your application, it is published. Owners of earlier rights can oppose within 2 months, extendable to 3 months if they file a notice of threatened opposition. Oppositions are adversarial proceedings before the UKIPO Tribunal. If the opponent must prove use, they will need to show genuine UK use of their mark in the 5 years preceding your filing or your mark’s publication, depending on the grounds. Many oppositions settle through coexistence terms, limitations, or undertakings.

What are genuine use and non-use revocation?

Once registered, your mark becomes vulnerable to non-use revocation if it is not put to genuine use in the UK for an uninterrupted 5 year period after registration completes. Genuine use means real commercial use for the registered goods or services, not token use. Keep records such as dated marketing, invoices, and distribution agreements to prove use.

How can I tackle counterfeits or brand misuse in Aberdeen?

Gather evidence with dated screenshots, purchase samples where safe, and record seller details. Contact Aberdeen City Council Trading Standards for local enforcement against counterfeit goods. For urgent situations, a Scottish solicitor can seek an interim interdict in the Court of Session. Online, use platform takedown tools, and consider UKIPO mediation for disputes suited to settlement. For imports, speak to Border Force about detentions and consider a notice that helps authorities identify infringing goods.

How do I protect my brand internationally?

File in key markets where you sell, manufacture, or plan to expand. The Madrid Protocol allows a UK owner to file a single international application that designates multiple countries, including the EU, United States, and others. Strategy matters. Consider whether to file a word mark, logo, or both, align classes with local practice, and maintain consistent use to avoid vulnerability in each country.

Additional Resources

UK Intellectual Property Office - The UK government agency for trade mark filings, renewals, oppositions, revocations, and practice guidance.

UKIPO Tribunal and Mediation Services - For oppositions, invalidity, revocation, appeals information, and optional mediation to settle disputes.

Aberdeen City Council Trading Standards - Local enforcement body that can investigate counterfeit goods, deceptive trading, and consumer protection issues.

Business Gateway Aberdeen City and Shire - Free local business advice on planning, branding, and growth, with workshops and mentoring.

Police Scotland and the Police Intellectual Property Crime Unit - Law enforcement partners for serious IP crime and coordinated actions.

Citizens Advice Scotland - Independent guidance for consumers and small businesses on trading issues and where to find legal help.

Nominet Dispute Resolution Service - Administrative process for recovering or challenging .uk domain names that target your brand.

Scottish Courts and Tribunals Service - Information on the Court of Session and procedures for civil actions, including interim interdicts.

Anti Copying in Design - Industry group offering guidance on design and brand protection for creative businesses.

Border Force and HMRC - Information on detaining suspected counterfeit imports and working with rights holders at the border.

Next Steps

Audit your brand assets. List all names, logos, taglines, and product get-up used or planned for use in Aberdeen and the wider UK. Note dates of first use and where they appear. Confirm that company names, domain names, and social handles align with your chosen brand.

Clear and plan. Run clearance searches for your short-listed brands. A professional search reduces the risk of objections and oppositions. Decide on the scope of protection by choosing the right classes and drafting a precise specification that matches how you actually trade and plan to grow.

File strategically. File UK applications for your core brand assets and consider filing both word and logo marks. If you trade overseas, plan parallel filings or a Madrid Protocol application. Align filing and launch timelines so you have published rights before major marketing spends.

Set your enforcement posture. Put in place an internal brand use guide, monitor for conflicting applications at the UKIPO, and set up online watches for marketplaces and domains. Prepare a proportionate response plan ranging from friendly notices to formal letters and, where needed, urgent interdict applications in the Scottish courts.

Organise evidence and budgets. Keep records of use, marketing, and sales to prove genuine use. Budget for renewals every 10 years, watching services, and periodic portfolio reviews as your Aberdeen business evolves.

Speak to a professional. If you are unsure about clearance, specifications, oppositions, licensing, or international strategy, consult a UK trade mark attorney or a Scottish solicitor experienced in IP. Early advice usually costs less than fixing problems later.