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).

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