UKIPO to Remove Series Marks: Means for Trademark Registration

From Autumn 2025, series trademarks will no longer be available for new trademark registration in the UK. Businesses currently using this route may need to reconsider their filing strategies.

Legal experts, including intellectual property specialists at firms like Briffa, have noted the significance of the UKIPO’s decision to phase out series trademarks. This move impacts how businesses approach trademark registration in the UK and prompts a review of brand protection strategies.

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What are series trademarks?

Series trademarks are a unique feature of UK intellectual property law, allowing businesses to register up to six variations of a trademark within a single application. These marks must differ only in ways that do not substantially alter the overall identity—such as changes in colour, punctuation, font, or arrangement.

This system has provided a cost-effective method for businesses to protect multiple stylistic versions of a core brand identity, particularly in sectors with varied packaging, labelling, or advertising requirements. It offers both flexibility and administrative convenience, helping brand owners to secure legal protection for closely related versions of their trademarks without filing multiple applications.

The ability to group similar trademarks into one application has also benefited creative industries, such as fashion, publishing, and media, where brand expressions often need to shift slightly depending on the context or platform.

Why is the UKIPO removing series marks?

The UK Intellectual Property Office (UKIPO) has announced it will phase out series trademarks from Autumn 2025. The decision was made following an internal review and public consultation. Key reasons for the removal include:

Limited use: Series marks make up only a small proportion of total trademark applications. Despite their potential benefits, many businesses either remain unaware of the option or prefer the clarity of individual applications.
Assessment challenges: There is often debate over whether the differences between marks fall within permitted limits. This can result in rejected applications, delays, or added costs when examiners determine that marks do not meet the series criteria.
International divergence: Series marks are not recognised outside the UK. Businesses operating internationally must still file separate applications for each mark variant in other jurisdictions.
Operational efficiency: UKIPO staff report inefficiencies in processing series applications. Determining whether marks qualify as a series can be subjective, leading to inconsistent outcomes.

In effect, the series mark system has been viewed as more trouble than benefit in a modern IP environment. The UKIPO believes that streamlining the registration system will provide more predictable outcomes and better align UK practice with international norms.

Impact on trademark registration in the UK

Once this change takes effect, separate applications will be required for each version of a mark that differs in a meaningful way. This adjustment has several implications:

Higher filing costs: Each trademark application will carry its own UKIPO fees. For businesses previously relying on series marks, this could significantly increase registration costs.
Portfolio management: With more separate trademarks, businesses may face additional administrative tasks in monitoring, renewing, and defending their registrations.
Strategic adjustment: Companies may choose to simplify branding to minimise variation and reduce the need for multiple filings. This could lead to more cohesive brand identities and clearer consumer recognition.

Additionally, businesses will need to adopt a more cautious approach to how they present their trademarks in public. Ensuring consistent brand use can help avoid unregistered variations that fall outside the scope of formal protection.

Steps to consider before Autumn 2025

To make the most of the current system before it is phased out, businesses can:

Submit new series applications before the deadline: This ensures continued coverage under the existing framework.
Review trademark portfolios: Assess whether any current or planned mark variants could benefit from a series application.
Streamline branding elements: Consider reducing variations to make future registrations more manageable.
Consult a legal professional: An IP advisor can help clarify whether a series application is viable and recommend the best course of action.

Considerations for smaller enterprises and creators

For startups, independent designers, and SMEs, the removal of series marks may lead to increased trademark costs. This may be especially relevant for those managing diverse product lines or brand variations. While the change limits flexibility, it also encourages more deliberate IP planning.

Context within international trademark systems

The move aligns the UK more closely with other national and international IP systems, including the EUIPO and USPTO, which do not offer series marks. Businesses operating across borders may benefit from a more standardised filing approach, although additional filings remain necessary to secure protection in each jurisdiction.

FAQs

Q: Can existing series trademarks still be renewed after 2025?
A: Yes. The change affects only new applications. Existing series marks remain valid and renewable under the current UK rules.

Q: Is the policy change retroactive?
A: No. Only applications filed after the rule comes into effect will be affected. Any rights established before the cutoff will be preserved.

Q: Should I consider filing a series application now?
A: If you have multiple similar marks that meet the series criteria, filing before Autumn 2025 may be cost-effective and offer protection beyond the deadline.

Q: How do I know if my marks qualify as a series?
A: Qualifying marks must differ only in non-distinctive elements. Professional advice can help assess whether your variations meet the legal requirements.

Q: Does this affect trademarks filed with the EUIPO?
A: No. The EUIPO does not offer series marks and is not affected by this change. You must file separate applications for different marks in the EU.

Ready to register your trademark before the deadline? Contact Briffa Legal today for expert advice

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