Preliminary check of the application form – part two

In their previous article the writer expounded on the essential requirements pertaining to the filing date of a trade mark application. There are also non-essential requirements regarding the filing date which must nevertheless be satisfied before the commencement of the examination process.

Firstly, it is imperative that the applicant (or someone else with their consent) is either presently utilising the trade mark or have a bona fide (good faith) intention to employ it with respect to the goods or services that have been requested. The applicant or their representative must confirm this by signing the declaration on the application form.

Secondly, the basic application fee that covers the first, or only, class in the application must be paid by the applicant. In the event that further classes are sought, each additional class will be subject to a class fee. The applicant is not required to send payment with the application form.

Thirdly, once the UKIPO is in receipt of a request for registration of a mark containing all the essential filing date requirements they will grant the applicant a certain amount of time, namely, one month, to transfer the relevant details to an official application form (TM3), or an acceptable replica of the said form which must be subsequently returned to the former.

Fourthly, the application must state the apposite class of the Nice classification system as this is used to allocate class numbers to the specification.

Lastly, if the applicant is based overseas and is not represented by an entity residing in the UK, they are required to furnish a corresponding address in the EU or EEA to the UKIPO. Applicants inhabiting the Channel Islands and the Isle of Man do not have to provide an address for service in the UK.

If you’d like to know more about this article please send an email to Thomas Mould 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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