New Procedure To Help With Fast-Track Trade Mark Opposition
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19 August 2013
In October 2013 the UK Intellectual Property Office (IPO) will
introduce a new procedure aimed at reducing the time and cost relating
to opposing a pending trade mark application. This is aimed at
businesses, in particular at SME’s (Small and Medium Enterprises), who
feel they have the legal grounds and commercial need to defend their
trade mark rights.
These are the main points regarding the new procedures:
- The fast-track procedure will only be available to
instances relating to sections 5.1 and 5.2 of the Trade Marks Act 1994.
This relates to identical or similar marks in respect of identical or
similar goods or services.
- The number of earlier marks that can be relied upon in a
fast track opposition has been limited to three.
- The opposition fee will be fixed at £100 for a fast-track
opposition. In addition, to prevent businesses from filing a fast-track
opposition rather than a standard opposition for financial reasons, the
fee for a filing has been reduced to £100 also, with the proviso that
if grounds for opposition are unsuitable to a fast-track, then an
additional fee of £100 will be paid to bring the total fee in to line
with the current scale.
- Where an oral hearing has been requested and granted, the
hearings may be conducted via telephone rather than in person.
- A limit will be placed on the amount of evidence that can
be used in a fast-track proceeding and the time in which that evidence
must be filed. If these conditions are not met, then the opposition
will revert to a standard opposition.
- A non-refundable appeal fee of £250 will be introduced,
which will be recoverable by the winning party. This is to prevent any
frivolous or unmeritorious appeals.
About the Author
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are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
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Article Published/Sorted/Amended on Scopulus 2013-09-10 09:05:36 in Legal Articles