A number of changes are occurring that affect how the UK’s intellectual property office’s trade mark registry works.
The new Trade Mark Rules 2008 come into effect on 1 October 2008 by way of statutory instrument SI 2008 No 1797 and include the following key provisions:
· Fast track examination of trade marks for £300 as opposed to the normal fee of £200. This will result in an examination report from the registry within 10 business days.
· A reduction in the opposition period from three to two months. This has been justified on the basis that some 90% of applications are not opposed.
· Changes to the cooling off period-the time for a “negotiated settlement period” with the other party after a notice of objection is filed. The new Rules allow for a cooling off period of nine months though this can be extended to eighteen.
· Evidence and case management-new Rules apply here giving the registrar greater flexibility and powers.
It is hoped overall the new Rules will result in speedier registration of marks; greater discretion in terms of evidence and more flexibility for resolving disputes.
For a full technical explanation of the Rules and what this means to you please get in contact.
