Non-essential filing requirements

The UKIPO gives a trade mark application a filing date when the applicant satisfies the essential filing requirements. The purpose of this article however, is to highlight the non-essential filing requirements which must also be observed before an application can proceed to examination.

Firstly, it is imperative that the trade mark is currently being used by the applicant or another entity with the former’s consent. If this is not the case, the applicant needs to have a bona fide (good faith) intention to use the trade mark for the goods or services that have been requested.

Secondly, the applicant must pay the application fee. The basic fee will cover the first or only class in the application. If the application comprises more than one class, each extra class will be subject to a class fee.

Thirdly, if the UKIPO receive a request for registration of a trade mark which includes all the essential requirements for allocating a filing date, the applicant has one month to transfer the pertinent details to an official application form TM3 or an acceptable replica of that form. They must subsequently return the form to the UKIPO. Furthermore, the application should state the relevant class of the Nice classification system.

Lastly, in the event that the applicant is based overseas and does not have anyone to represent them in the UK, they are obliged to provide the UKIPO with a correspondence address in the EC or EEA.

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.

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