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When filing a trade mark application in the UK, many businesses are surprised to learn that it is sometimes possible to register more than one version of a trade mark under a single application. This is known as a series trade mark application.
For the right type of brand, a series application can be a cost-effective way of protecting minor variations of the same mark. However, the rules governing series marks are strict, and many applications are refused because the differences between the marks are considered too significant.
In this article, we explain what a series trade mark is, when it can be used, and provide practical examples of what the UK Intellectual Property Office (UKIPO) is likely to accept—and reject.
What Is a Series Trade Mark?
Under section 41 of the Trade Marks Act 1994, an applicant may include up to six trade marks in a single application, provided that the marks:
“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.”
In simple terms, the marks must look or read as essentially the same trade mark, with only very minor, non-distinctive differences between them.
The purpose of a series application is not to protect different brands. Instead, it allows protection for slight variations that consumers would naturally perceive as representing the same commercial origin.
What Are the Advantages?
A successful series application offers several benefits:
- Protection for multiple versions of the same mark in one application.
- Lower official filing fees than filing separate applications.
- Simplified portfolio management.
- A single registration covering all accepted variants.
- Flexibility where branding is used in slightly different ways across packaging, marketing or products.
However, these benefits are only available where the variations genuinely qualify as a series.
What Differences Are Usually Acceptable?
The UKIPO generally accepts differences that are minor and do not alter the distinctive character of the mark.
1. Upper and Lower Case Letters
For example:
- TRADEMARK
- Trademark
- trademark
These are usually acceptable because the wording remains identical.
2. Minor Punctuation
Examples include:
- LAWDIT
- LAWDIT.
- LAWDIT!
Provided the punctuation does not create a different commercial impression, these differences may be accepted.
3. Colour Variations (Where Colour Is Not Claimed)
For example:
- Black logo
- Blue logo
- White logo
Where colour is not itself distinctive or claimed as part of the registration, these variations may qualify.
4. Minor Font Changes
Examples include the same word presented in:
- Arial
- Calibri
- Times New Roman
Provided the font choice does not itself create distinctive branding, these variations are often acceptable.
5. Slight Positional Differences
For example:
Version 1
™ LAWDIT
Version 2
LAWDIT™
Where the position of a trade mark symbol changes but the trade mark itself remains unchanged, the UKIPO is generally unlikely to object.
What Is Not Acceptable?
Many applicants assume that similar-looking brands qualify as a series. In reality, the UKIPO applies a relatively strict test.
Different Words
These would almost certainly fail:
- LAWDIT
- LAWDIT LEGAL
The addition of the distinctive word “LEGAL” changes the identity of the mark.
Likewise:
- TRADEMARKROOM
- THE TRADEMARKROOM
Although the addition of the definite article may occasionally be acceptable depending on context, each case is assessed individually. If the additional element contributes to the distinctive character of the mark, separate applications are usually required.
Different Logos
Suppose an applicant files:
- The word LAWDIT
- LAWDIT with an orange shield device
If the shield is distinctive branding rather than decorative artwork, these are unlikely to qualify as a series.
Similarly:
- A plain word mark
- A stylised handwritten logo
The visual impression is materially different.
Additional Distinctive Elements
For example:
- ORANGE
- ORANGE MOBILE
The additional word “MOBILE” alters the identity of the mark and would generally require a separate application.
Different Slogans
Examples include:
- TRADEMARKROOM
- TRADEMARKROOM – PROTECTING YOUR BRAND
The slogan forms part of the distinctive sign and creates a different trade mark.
Different Layouts Creating a Different Impression
For example:
Version 1
ABC
Version 2
A
B
C
If the arrangement significantly alters the overall appearance or distinctive character, the marks are unlikely to qualify as a series.
Common Reasons Why Series Applications Are Refused
The UKIPO frequently objects where applicants attempt to include marks that:
- Contain different logos.
- Include additional descriptive or distinctive wording.
- Use significantly different stylisation.
- Create a different overall visual impression.
- Would be perceived by consumers as separate brands.
Applicants often overestimate how much variation is permitted.
Can the UKIPO Object to Only Some Marks?
Yes.
If the UKIPO considers that one or more versions do not belong in the series, an objection may be raised.
Depending on the circumstances, applicants may be invited to:
- remove certain marks from the application;
- divide the application; or
- file separate applications for the non-qualifying marks.
Early legal advice can often avoid unnecessary delay and additional cost.
Should You File a Series Application?
A series application can be an excellent option where the variations are genuinely minor. However, attempting to force several different brands into one application often results in objections, delays and additional filing costs.
Before filing, it is worth asking:
- Are consumers likely to regard these as the same trade mark?
- Are the differences merely cosmetic?
- Has the distinctive character remained unchanged?
If the answer to any of these questions is uncertain, separate applications may provide greater certainty.
How The Trademarkroom Can Help
Determining whether trade marks qualify as a series is not always straightforward. The UKIPO applies detailed legal principles and assesses each application on its own facts.
At The Trademarkroom, we help businesses decide the most effective filing strategy before an application is submitted. Whether you are protecting a single brand, filing a series application or developing an international trade mark portfolio, our specialists can ensure your application is structured correctly from the outset.
If you are unsure whether your trade marks qualify as a series, or you would like advice on the most cost-effective way to protect your brand, contact The Trademarkroom today. Our experienced trade mark professionals are here to help you secure the strongest possible protection for your intellectual property.
