Preliminary check of the application form – part one

The UK Intellectual Property Office (UKIPO) vets every application in order to determine if they satisfy the requirements for filling that have been articulated in the Act and Rules. With respect to obtaining a filing date, it is absolutely imperative that certain requirements are observed. Conversely, there are non-essential requirements in this regard which must nevertheless be adhered to if the application is to be examined. If the filing requirements have been fulfilled, the filing date will be the date the UKIPO receives the application. However, in the event of an oversight the filing date will be the date the UKIPO acquires all the pertinent information.

In relation to the essential filing requirements, there must firstly be a request for the registration of a trade mark. This can be substantiated by furnishing form TM3 or providing a letter which patently confirms a request for registration. Furthermore, the UKIPO requires the name and address of the applicant i.e. the proprietor of the trade mark post-registration. It is important that the correct legal name of the applicant is supplied as opposed to a trading name. Moreover, the application should contain a list/statement of all goods and services (the specification) for which the applicant employs or intends to employ the trade mark. Imparting a class number is not necessary for procuring a filing date, although it must be afforded before the application advances to the detailed examination stage. Lastly, the applicant needs to produce a representation of the trade mark (or trade marks in the case of a series).

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