UK Trade Mark Rules

Including changes to the trade mark opposition procedure at the UK IPO.

On 1 October 2008 a new set of Trade Mark Rules came into force. As well as removing duplication and inconsistencies in the previous Trade Mark Rules, they will also include a number of policy changes. The Statutory Instrument which sets out the new rules is available here and the UK IPO's explanatory memorandum available here.

The process applied by the Trade Marks Registry for dealing with applications will, in the main, be unaffected by the rule changes. However, there are some important changes relating to opposition and proceedings before the Registry.

Opposition period: The opposition period is now reduced from three months to an initial two months. The two month period can be extended for a further month should a third party still be considering opposing an application. This change is intended to bring forward the registration of most trade mark applications by one month.

Cooling off period: The cooling off period during opposition proceedings is changed from a single 12 month period to a split period, allowing 9 months initially, with an option of extending the period to 18 months on request by both parties.