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Trade mark registration Procedure:

Filing

An application is filed at the Trade Marks Registry, specifying the goods or services for which registration is sought and indicating the classes into which the various goods or services fall.

Examination

The application then goes forward to official examination by the Registry, in order to ascertain whether the trade mark is acceptable for registration purposes. In most cases the official examination results are issued by the Registry within two months from filing the application. Once the Official Letter reporting these results is received, we advise as to the next step to be taken. This is a variable matter which depends upon the Examiner's report. Matters arising from the Official Letter may be such that they can be dealt within in correspondence with the Registry.

It may be necessary, however, to attend a Hearing at the Trade Marks Registry in order to discuss the application with a Senior Examiner, particularly in a border-line case.

Publication

Once the examination has been successfully completed, the application is published in the UK Trade Marks Journal. The trade mark application is then open to public inspection and possible objection for a period of three months from the date of publication.

If an objection is raised by a third party against the application, then the matter has to be considered and appropriate action taken. It may be possible to deal with such an objection in a relative simple exchange of correspondence. Again, this area is difficult to define precisely, as much depends upon the individual case, and we can advise further at the time if it should arise.

Registration

If there is no objection, or any objection has been resolved, then the application can proceed to registration on completion of certain formalities at the Trade Mark Registry. A registration certificate is then issued and the trade mark is placed on the Register for a period of ten years from the date of application.

Renewals

At the expiry of the initial ten year period the registration can be renewed for further periods of ten years on payment of the relevant renewal fee. We will send you the appropriate reminders

Consequences of non-use

It should be noted that any mark which is registered in the UK and which has not been used by the proprietor for any continuous period of five years is vulnerable to attack by third parties who may request that the mark be struck off the Register.

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