Take the fast track for Trade Mark Oppositions
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A new trade mark opposition procedure was launched by the
UKIPO last month in response to concerns that SME’s are deterred from
issuing proceedings, due to the cost and administrative burden of
filing an opposition. The new procedure has the following benefits:
- Reduced costs.
- Less complexity.
- Reduced duration of proceedings.
The official filing fee for an opposition has been reduced
from £200.00 to £100.00 and a decision in relation to an opposition is
now estimated to be made within 6 months (as opposed to the previous 12
The procedure is available where the grounds for opposition
lie under sections 5(1) and (2) of the Trade Marks Act
1994 i.e. in situations where there is a conflict with an
existing registered trade mark.
Trademark owners wishing to file oppositions using the fast
track procedure will however be limited to basing their oppositions on
a maximum of three prior registrations, if any of the registrations
exceed 5 years, ‘evidence of use’ will have to be submitted with the
filling of the opposition.
The UKIPO will always notify the owner of a registered trade
mark of a new potentially conflicting application. Received notice of a
mark that may conflict with yours? Get in touch!
Written by Rehana Ali
About the Author
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
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Article Published/Sorted/Amended on Scopulus 2013-12-05 09:00:00 in Legal Articles