Intellectual Property - Trade Mark - Trademarks - Refusal to allow UK Trade Mark Application

A recent decision by the UKIPO reconfirms that proprietors of trade marks must understand the examination process for the registration of a trade mark. In this case an application was filed to register a trade mark. The examiner made an error in the examination report and resubmitted it. The proprietor was given sufficient time in which to submit arguments against the objections. Instead the proprietor chose to request substantative reasons for the objections.

At no time did the proprietor submit any evidence of use or even argue against the objections. The examioner gave the proprietor an opportunity to attend a hearing whcih was never taken up. The application to register the trade mark was refused and rightly so.

http://www.ipo.gov.uk/types/tm/t-os/t-find/t-challenge-decision-results/o27310.pdf

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© RT COOPERS, 2010. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.