UK Trade mark procedure: from application to registration
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2 April 2012
The first stage is to complete and file the application form and pay
the applicable fee. The fee varies depending on the amount of classes
under which protection is sought.
Once the application is filed, the mark will then be put before an
Examiner who will then assess the mark against the criteria for
registration. The Examiner does not, at this stage, assess whether the
mark complies with the relative grounds (previously this was the case).
If the mark is accepted by the Examiner as meeting the relevant
requirements, the mark will then be put forward to the Publication
stage. The Publication stage generally lasts for a period of two
months. The purpose of the Publication stage is to allow other earlier
rights holders the opportunity to assess whether the mark conflicts
with their mark in terms of the absolute grounds. If the wish to
challenge the mark then the earlier rights holder may file an
If after the end of the Publication period there are no outstanding
oppositions under the mark, the Registry will put the mark through to
Registration, at which point, the mark will be registered and a Trade
Mark Certificate issued.
The mark will last for 10 years and can be renewed for an unlimited
number of further 10 year periods.
There are many potential pitfalls to an application such as the
absolute and relative grounds for refusal. Care should be taken before
filing you mark(s) and a trade mark search is advisable.
Please contact Paul Bicknell should your require
further information. Paul.firstname.lastname@example.org - 023 8023
About the Author
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Article Published/Sorted/Amended on Scopulus 2012-06-06 15:24:27 in Legal Articles