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Opposition Period Now Two Months


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The Trade Marks Rules 2008 (SI 2008/1797) comes into force on 1 October 2008 and replaces the Trade Marks Rules 2000 (SI 2000/136) as amended, published this week. The new rules will affect substantive changes including reducing the opposition period, cooling-off period and the streamlining of application and opposition procedures.

The new rules should result in a faster, cheaper and more efficient trade mark system.

Rule 17 of the 2008 Rules provides as follows:

The initial opposition period will be set at two months from publication.Parties will have the right to apply for one extension to three months.To meet concerns from respondents about the administrative burden of the extendable period, parties will be able to use a no-cost form TM7A which can be submitted via the IPO.Rule 18 of the 2008 Rules changes the cooling-off period from 12 months to nine months initially, but introduces the option for parties to seek a single extension of the period to a maximum period of 18 months. Both parties would have to agree to such an extension and file a statement confirming that they are in negotiations.

Michael Coyle is a solicitor advocate who specialises in information technology law and intellectual property law.

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 2008-07-27 14:45:40 in Legal Articles

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