New “Right Start” UK IPO service offers reduced cost risk for trade mark applicants
On 1 October 2009, the UK IPO will introduce a new Right Start trade mark application service which effectively enables applicants to defer payment of half the application fee until after the UK IPO has determined whether the application meets the requirements for registration.
This service costs £100 for one class of goods or services with an additional £25 payable for each further class.
On payment of this fee (which is 50% of the standard filing fee), the application will be examined and an assessment made to determine whether it meets the requirements for registration. A report will be issued and only if the applicant decides to proceed with the application will the balance of fees have to be paid (i.e. £100 plus £25 for each additional class above one). The examination report will state whether the mark is registrable and will include details of any confusingly similar marks already on the Register.
If, after receiving the report, the applicant decides not to continue with the application, no further fees will be payable and the application will be abandoned.
Although an application using the Right Start service will not save money if the applicant proceeds with the application, the reduction in risk of losing all fees paid if a trade mark is not deemed to be registrable by the UK IPO will clearly be of benefit.
If you have any questions relating to this article or any other trade mark or brand related issue, please contact any member of our Brand Guardianship team at brandguardianship@boyesturner.com or on +44 (0)118 952 7247.
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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