Major changes are coming: the UK will abolish serial trademark applications

In a major announcement, the UK Intellectual Property Office (UKIPO) has confirmed that it will stop accepting serial trademark registration applications by the end of 2025 as part of a reform of its services.

This represents a significant procedural change for businesses that have previously relied on serial trademarks to protect minor variations of their brands. It is crucial to understand its practical impact and consider appropriate responses.

What is a serial trademark?

• Under the UK Trade Marks Act 1994, serial trademarks are defined as trademarks that are similar in essential features and differ only in non-distinctive details that do not affect their overall identity. In the UK, serial trademarks allow applicants to register up to six trademarks in a single application, as long as the marks are substantially identical and differ only in non-distinctive details such as color, punctuation or font style.

This system has historically provided a cost-effective path to multi-faceted brand protection. However, due to the high eligibility criteria for serial trademarks, it is not well understood, causing some confusion, particularly for applicants who lack professional advice. In 2022, approximately 39% of UK serial trademark applications faced oppositions.

Why did the UKIPO cancel serial trademarks?

• The IPO's decision to remove serial trademarks is primarily driven by two factors. First, the UKIPO aims to streamline the trademark registration application process, reducing unnecessary complexity and improving review efficiency by addressing procedural objections. Second, serial trademarks are considered an anomaly globally, with most jurisdictions requiring separate applications for each trademark variant. When seeking international protection, businesses may need to abandon certain versions of a serial or apply separately.

What changes will occur in UK trademark registration in the future?

• Existing registered serial trademarks remain valid and protected, and applications submitted before the new policy is implemented will continue to be processed under the current framework. However, after the new policy is implemented, new serial trademark applications will no longer be submitted using the current procedures, and applicants will need to adapt their trademarks to the new regulations, which will impact brand protection strategies and budgets.

Strategic considerations and preparation

• In the short term, companies seeking to register a series of trademarks are advised to submit as many new series trademarks as possible before the new policy is implemented, so as to secure broad protection within the legal framework. After the new policy is implemented, brand owners will need to adopt differentiated trademark registration strategies for different products.