On October 1, 2013 the IPO (UK Intellectual Property Office) has introduced the "fast track" opposition procedure to the Trade Mark Tribunal, in addition to the standard opposition procedure. The fast track will provide companies with a faster, cheaper and less complicated way to protect their trade marks. It differs from the standard opposition procedure in many ways, amongst them: 1) the grounds of the opposition are limited to Section 5(1) and/or 5(2) of the Act (Section 5 relates to relative grounds, i.e. when trade mark registration would impinge upon another person's existing marks or rights); 2) the earlier marks that can be relied upon are limited to a maximum of three; 3) the opponent must file proof of use at the same time as the notice of opposition if the earlier mark(s) has been registered for five years or more at the date of publication of the opposed mark; 4)decisions will usually be made from the papers i.e. without an oral hearing.

10/01/2013 | Trade Mark