Filing a Trade Mark - Essential Formalities
Written by Mekael Rahman on 11 February 2016« Return to Reading Room
There are certain filing requirements enshrined in the Trade Marks Act 1994 that must be satisfied before a filing date can be issued. The filing date is the date the UK Intellectual Property Office (UKIPO) receives a trade mark application along with the pertinent documentation. Conversely, there are non-essential requirements embedded in the above-mentioned Act and the Trade Marks Rules 2008 that will not affect the filing date, but would still need to be fulfilled before an application can be scrutinised by a trade mark examiner.With respect to the essential filing requirements, it is imperative that the applicant observes section 32(2) of the Act. Firstly, the application must contain a request for registration of a trade mark. This can be established by submitting form TM3 or alternatively, by furnishing a letter that expressly affirms such a request. Secondly, the name and address of the applicant (proprietor of the mark post-registration) must be provided as well. The applicant must supply their legal name and not a trading name. Thirdly, the application must comprise a list or statement of all goods and services (the specification) pertaining to the trade mark. Lastly, the applicant must include a representation of the trade mark (or marks in the case of a series).
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