Application changes for a series of trade marks

A series trade mark application consists of a number of marks which are essentially the same and only have small differences, for example, a word mark shown in capitals and in lower case lettering.

At present, the number of marks in a series application is unlimited and such application carries no additional cost. In addition, if the examiner determines that the marks do not constitute a valid series, the application can be divided into separate applications for each of the marks.

From 1 October 2009, the Trade Marks Directorate of the UK Intellectual Property Office has announced that the following changes will apply:

The maximum number of marks in a series will be restricted to six;
No additional fee will be payable for the first and second marks in a series, however, an additional fee of £50 will be payable for each mark beyond the first two;
Division of an application will not be possible, so if upon examination the examiner decides that the marks do not constitute a valid series, it will be necessary to delete marks until a valid application remains. Under these circumstances, no refund of any series fee paid will be made. It should be noted that divisions of goods and services will still be possible.

If you have any questions relating to this article or any 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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