Filing a Trade Mark – Essential Formalities

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).

If you’d like to know more about this article please send an email to Mekael Rahman quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles