UKIPO says goodbye to series trade marks — is your businesses ready?

The UK Intellectual Property Office (UKIPO) has recently announced its decision to discontinue the option to file series trade mark applications.  
 
Here, Safaa Zbiri and Amy Talvet take a closer look at what this means for businesses and brands, as well as upcoming deadlines before the rule changes.  

A major shift in UK trade mark practice 

The UKIPO has published its confirmed response to the second transformation consultation, following a period of public feedback on proposals to modernise its services. Notably, the response includes the decision to discontinue the option to file series trade mark applications.    
 
The end of the series mark stands out as a major shift in UK trade mark practice. While the exact date hasn’t yet been confirmed, the UKIPO has stated that the “series marks service will only be discontinued for new applications when the new digital trade marks service is launched”. This could be as early as autumn 2025 when the new digital patent service is due to be launched. However, there may be delays. 

What are series trade marks?  

At present, the UKIPO allows trade mark applicants to file up to six variations of a trade mark in a single application, so long as the marks closely resemble each other in their material particulars and differ only in ways that are non-distinctive and don’t affect the overall identity of the trade mark.  

Common examples of series trade marks include: 

• Logos filed in both colour and black-and-white.
• Word marks with minor punctuation changes.
• Singular and plural forms.
• Variations in capitalisation, numerical sequences and alternative spellings. 

This has long proved to be a useful option for brand owners who are looking to protect slightly different versions of the same mark without filing multiple applications. 

Why the UKIPO is saying goodbye to the series mark 

Many respondents to the consultation — including Brabners — supported the continued use of series marks, citing their cost-effectiveness, flexibility in protecting trade mark variations and their role in reducing the risk of non-use claims. 

However, the UKIPO pointed to several different factors to justify its decision. In 2022, 65% of series mark applications were filed by unrepresented applicants — and of those, 39% faced objections for not meeting the necessary requirements (although by contrast, this indicates that 61% were accepted).  

The UKIPO believes that the rules around series marks are often misunderstood — particularly by those without legal representation — and that since unsuccessful applications aren’t refundable, unrepresented users risk incurring higher costs through failed attempts. However, objections to series mark applications can usually by rectified by simply deleting one or more versions of the mark and avoiding additional cost.  

This new approach is likely to lead to increased costs as applicants will need to file multiple applications to fully protect each different variation. 

The UKIPO has also expressed its concerns that some applicants may be using series marks to “test the system” — in other words, to obtain multiple trade mark examinations at a reduced cost — although with appropriate examination, this should have been easy for the UKIPO to address. 

With all this in mind — and to promote a more simplified and straightforward application process — the UKIPO has decided to phase-out series marks from September 2025. 

What this means for brands 

The only good news is that existing series trade marks won’t be affected by the upcoming change, since the planned discontinuation applies only to new applications. 

However, from September 2025, brand owners who had intended to rely on series marks may need to file separate applications for each variation of their trade marks, which will result in higher filing and maintenance costs. Considering this, budget-conscious businesses might opt to register only a single version — potentially leaving other important variations unprotected. 

The end of series marks will mean that brand owners must carefully rethink their filing strategies — considering budget constraints, the necessity of protecting variations, the versatility of their trade marks and the importance of strong trade mark portfolio management — since each version will now require separate maintenance. 

There’s still time to act 

If your business currently uses multiple similar versions of a trade mark, there’s still time to make use of the series mark system.  

Filing a series application before the new digital trade mark service comes into force could be a strategic and cost-effective way to secure protection for several variations within a single submission. After the cut-off date, new series applications won’t be accepted and each variation will need to be filed separately.  

We recommend that any business considering new trade mark applications speaks to us as soon as possible to determine whether series applications can be used to reduce costs. 

Talk to us  

Timing is critical when navigating your filing strategy. Protecting multiple variations of your trade mark and managing your portfolio effectively can optimise costs and strengthen your brand protection.  

If you need advice, get in touch with our IP experts today. Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.