In the Government’s recent consultation response (Government response to IPO Transformation programme: second consultation), it announced the discontinuation of series marks in the UK. The change is to be made in line with the UKIPO’s new digital trade mark service, the development of which is due to start in late 2025.
Currently, applicants in the UK can apply for up to 6 trade marks in one single application which differ only in non-distinctive matter (for example, 6 colour variations of the same logo). However, within the consultation response, the Government outlined that they feel series marks are misunderstood, lead to preventable objections and are open to misuse on the basis that applicants can achieve multiple examinations at a lower cost.
Respondents in the consultation generally favoured a reduction in the number of marks that could be included in a series over the total discontinuation of the service. However, the Government stated that this would not go far enough to solve the issues that have been identified.
The consultation response makes clear that the discontinuation will only apply to new trade mark applications and series marks that are already registered will remain unaffected. There is no confirmed date for the discontinuation as of yet.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.