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What are the trademark differences between major jurisdictions (UK, US, EU, AU)?

Senior Trademark Attorney

The major practical differences between the UK, US, EU, and Australia are as follows.

Filing basis: the US is the only major jurisdiction requiring a use-in-commerce or intent-to-use declaration. The UK, EU, and Australia do not require evidence of use at the application stage.

Examination of relative grounds: the USPTO and IP Australia examine for conflicts with earlier marks as part of their examination process. The EUIPO and UKIPO do not raise relative grounds on their own initiative; these must be raised by third parties during the opposition period.

Opposition window: 30 days in the US (extendable); two months in the UK; three months in the EU; two months in Australia.

Post-registration use requirements: the US requires a Declaration of Use between the 5th and 6th year after registration. The UK, EU, and Australia do not have this mid-term requirement, though all permit non-use cancellations after five years of non-use.

Timeline: EU and UK registrations are among the fastest (4–5 months unchallenged); US and Australian registrations take longer (12–14 months and 6–7 months respectively).

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