Accelerated trade mark registration process

The UK Intellectual Property Office ("UK-IPO") has introduced a new fast-track trade mark application process for UK registrations.

A fee of £300 will be payable for the fast-track option which will reduce initial examination of a trade mark application to just 10 days. Under the normal system, examination can take over a month.

The Trade Mark Rules 2008, due to come into force on 1 October, will introduce some further changes to the trade mark registration process.

At present, trade mark applications are published in the Trade Marks Journal for opposition purposes, for a period of three months. It is estimated, however, that over 90% of trade mark applications are not opposed.

In view of this, the UK-IPO has decided to reduce the publication period for oppositions from three months to two months, initially.

If, however, a third party indicates that they wish to oppose the trade mark application within the two-month period, they will be entitled to apply for a free extension to the opposition period allowing them a further month in which to file their opposition.

Summary

Whilst the fast-track fee may be a high price to pay for little time saving, the availability of the fast-track process in conjunction with the reduced opposition period does bring some real time saving for those brand owners who are keen to secure registered rights prior to launching their brands.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the
accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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