Between August and October 2023, the UK government launched its Second Transformation Consultation to support the UKIPO in delivering improved digital services. One key proposal is to change, or potentially abolish, the use of series trade marks.
Series trade marks are a unique feature of the UK system, allowing applicants to register up to six similar marks (e.g. logos in different colours, differences in capitalisation, minor variations of spelling) in a single application at a reduced cost. This option is not available in other systems such as the EUIPO or the Madrid Protocol. Applicant’s were able to apply for up to six marks in a series, in accordance with Section 41(2)(a) of the Trade Marks Act 1994:
”A series of trade marks means a number of trade marks which resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.”
Series marks are particularly useful when a logo appears in multiple colour variations or has several common adaptations, as they extend protection to all versions. They are also advantageous when a logo includes variations in visual elements, such as differences in colours, icons or stylised text, depending on the context. Overall, series marks offer broad legal protection while allowing for flexibility in how the logo is used across different scenarios. Despite variations in the marks, a series trade mark ensures consistency in the brand identity, protecting the core mark while enabling adaptation for numerous applications.
However, on 10 April 2025, the UKIPO published the consultation report and found that many applicants find series marks confusing. Specifically, 65% of applications are filed without professional representation, and in 2022, 39% were objected to for not meeting the legal criteria for registering a series of trade marks. This can lead to additional costs for applicants who need to file new applications. However, applicants would need to at least double filing costs without the series mark being available if they wanted to file more than one variant of their mark, so it is difficult to see how not having the series mark would lead to a cost saving on the whole. Furthermore, the UKIPO is of the opinion that series marks provide limited additional legal protection, reducing their overall value for money.
While this is arguable as we have found series marks to be a very beneficial tool for brand owners when used correctly, we do acknowledge that the UKIPO’s approach to assessing the validity of a series trade mark application is strict and any variations as to the distinctiveness of the mark to the point where the overall identity and impression of the trade mark has changed, even due to variations of colour, the application can be objected against or refused.
Professional representation is key to making the most out of the series system in the UK and it is somewhat disappointing that the UKIPO have decided to phase these marks out. While existing series marks will remain valid, the UKIPO expects to phase out the option for new applications once its new digital trade mark service launches. A specific date for this change has not yet been confirmed. If you have any marks which could constitute a series it would be beneficial to file them sooner rather than later.
In addition to developments at the UKIPO, as part of its digital transformation, the UKIPO will soon make trade mark and design documents, such as examination reports, available online for the first time through the new One IPO Search tool, bringing patents, trade marks, and designs into one unified platform.
Government response to the Second Transformation Consultation report below on series trade marks applications and more here.
