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Monitoring a Trade Mark Using the Caveat System

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Issued on 7th October 2010

It is possible to monitor a trade mark application or registration by sending the UKIPO an application for a caveat. If successful, the UKIPO will send the applicant information about events in the progress of the trade mark.

The 'caveat' is a acts as a notification of actions which have taken place in a trade mark application. The owner of the mark is not notified that a caveat is in place.

Why apply for a caveat?

There are a number of reasons why a caveat can be useful. For example, where a party wants to be notified when an application is advertised in the Trade Marks Journal, if it receives an opposition or if it fails before advertisement.

The caveat procedure can also be used by a trade mark applicant for its own own application, though the UKIPO will regularly notify an applicant in the progress of the application as standard procedure.

There are various caveat services available depending on whether the trade is in the UK or if it is an International trade mark.

Monitoring a UK trade mark

There are two types of monitoring services for UK trade marks: via an e-caveat or the paid caveat service.

E-caveat and the paid for Caveat service

This is applied for online and the notifications are sent by email whenever something happens to the trade mark. It costs nothing, however, the notifications contain basic and limited information. The paid caveat service is appropriate where a more detailed information is required.

Both caveat services offer information on the following events or actions:

- when the application is published, withdrawn, refused or deemed abandoned before publication;

- when an opposition is filed against the application;

- when the application is registered, or withdrawn, refused or abandoned after publication;

- if the registration is not renewed;

- if the registration is renewed or expired;

- if the registration is surrendered or revoked;

- where an assignment application is received;

- if the mark is assigned, either partially or in full;

- any other actions or events.

Fees

A fee of GBP 20 is payable for each type of action or event that is chosen in the application. Once the action has taken place, the notification will be sent and that particular caveat will be removed from the mark.

Monitoring International trade marks

Only the paid for caveat system is available for International trade marks. The procedure is the same as with UK marks.

The caveat services here offer information on the following events or actions international trade mark (UK):

- If it is published in the UK Trade Marks Journal or total/partial refusal before publication;

- If a formal opposition is filed against the mark;

- If the mark is protected or withdrawn, refused or abandoned after publication.

Fees

A fee of GBP 20 is payable for each type of action or event that is chosen in the application. Once the action has taken place, the notification will be sent and that particular caveat will be removed from the mark.

Inam Ali is a Solicitor at Lawdit, specialising in Commercial Property and Intellectual Property Law, and can be contacted via email: inam.ali@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2010-11-02 12:08:27 in Legal Articles

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