Does the assessment by the IPOs vary between individual countries? i.e. registering trademark in the US and the UK?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes. Each IP office applies its own national trademark law and examination standards. A mark that passes in one jurisdiction may face objections in another, and vice versa.

Some practical differences between the US and UK: the USPTO assesses relative grounds (conflicts with earlier marks) as part of examination; the UKIPO does not raise relative grounds on its own initiative and leaves these to third-party oppositions. Descriptiveness thresholds also differ; the USPTO is generally considered stricter on marks that describe the goods or services they cover. The opposition period in the US is 30 days; in the UK it is two months.

The implication is that each application should be assessed on the merits of the specific jurisdiction, not assumed to follow the path of a previous filing in a different country.

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