UK Trade Marks - Publication and Registration
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18 February 2010
Publication
The owners of the marks raised in the Examination report (see
previous artilce on Examination) will written to and be given the opportunity to
oppose the application during what is known as the publication stage which lasts
for a period of two months.
n.b .The Examiner will notify the owners of earlier UK marks
automatically and any owners of EU marks where they have opted-in to the
notification service. Therefore, it will be for the holder of the earlier
mark to seek to block the application if they so wish. This is intended to
ensure that applications will only be blocked where they affect others' trading
interests.
If an opposition is raised the applicant has the option to
withdraw the application or fight the opposition. Before the applicant decides
to fight the opposition it must be aware of the costs implications.
Registration
If no opposition is raised during the 2 month publication period
the mark will become registered. The registration lasts for 10 years and can be
renewed every 10 years after that.
The trade mark registration gives the owners an exclusive right
to use the trade mark in relation to the relevant goods and services to which it
is registered for.
Jody Tsigarides is a Solicitor who specialises in IP law.
jody.tsigarides@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.
