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Trade Mark Rules 2008

The Trade Mark Rules 2008 (the Rules) came into effect on 1st October 2008. This is secondary legislation that governs the UK Trade Mark system. The Rules consolidate all the amendments that were made to the 2000 Rules and in addition make procedural changes.

A summary of the most significant changes follows:
 
·         Third parties now have two months in which to file an opposition to the registration of a mark. This period can upon application be extended for an additional month;
 
·         The ‘cooling off period’ in opposition proceedings which allows the parties to negotiate will now be a nine month period, which can be extended to eighteen months at the joint request of both the applicant and opponent;
 
·         The deadline for filing a counterstatement will now be two months;
 
·         In non-use revocation proceedings the proprietor of the mark must file a counterstatement within two months (as above). If the statement is not accompanied by proof that the mark is already in use, the evidence must be filed within a further period of two months. This two month period is the only opportunity the proprietor has to file the evidence;
 
·         Automatic refusal of an application where the applicant fails to file a counterstatement is opposition proceedings will cease to apply. Late defences will now be accepted if they are justified; and
 
·         The Registrar will be given express power to set a timetable for filing of evidence by the parties and to manage proceedings. He is also given power to decide which issues require evidence to be adduced, the sort of evidence that is to be adduced and the form in which it is to be adduced.
 
Michael Barrett published a summary of the Rules in the Institute of Trade Mark Attorneys Review in September 2008.

For further advice on the changes to the Rules please contact Michael Barrett at mb@lockharts.co.uk.