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made to the Registrar – that is, the Comptroller General of Patents, Designs and Trademarks. The application must be filed at the Patent Office, of which the Trade Marks Registry is a part. The application has to contain certain matter set out in the Act: – a request for registration of a trademark; – information about the identity and address of the applicant; – a statement of the goods and/or services for which the applicant wishes to register the mark; and – a representation of the mark. As far as the last of these is concerned, if the mark is just a word or words, not in a particular font, the word is all that has to be stated. If the mark contains pictorial matter, or the word or words is or are depicted in a particular font or script, a representation of the actual mark will be needed. If the mark is something else, such as the shape of the goods or their packaging, music or a smell, there must be a graphical representation of the mark: how this is achieved is up to the applicant. The application must state that the mark is being used for the goods or services for which registration is sought. The use may be by the applicant, or by someone with the applicant’s consent. Alternatively, it suffices if the applicant has a bona fide intention of using the mark: no evidence of such intention needs to be provided, however. This prevents speculative registration of trademarks, which would block the register for anyone seeking protection for a similar mark. There is no need for actual use to precede registration, so a business can register its trademarks as soon as it starts up (or even before). The requirement is not onerous. The applicant merely has to state in the application that the mark is in use or that it has a bona fide intention of using it. No further details are needed. The form TM3 which must be completed by or on behalf of applicants takes care of this requirement. This provision continues the effect of s 17(1) of the 1938 Act. However, the 1938 Act’s requirement that, where the use of the mark is to be by a company about to be set up or by a licensee, this must be indicated and details provided, has not been re-enacted. The applicant is also required to pay the requisite fees. There is a basic application fee, set initially in 1994 at £225, plus additional class fees of £125 for multi-class applications, allowed for the first time. The pre-1994 application fee was £185, the increase being justified by the increase in the initial term of protection from seven to 10 years.
DOI link for made to the Registrar – that is, the Comptroller General of Patents, Designs and Trademarks. The application must be filed at the Patent Office, of which the Trade Marks Registry is a part. The application has to contain certain matter set out in the Act: – a request for registration of a trademark; – information about the identity and address of the applicant; – a statement of the goods and/or services for which the applicant wishes to register the mark; and – a representation of the mark. As far as the last of these is concerned, if the mark is just a word or words, not in a particular font, the word is all that has to be stated. If the mark contains pictorial matter, or the word or words is or are depicted in a particular font or script, a representation of the actual mark will be needed. If the mark is something else, such as the shape of the goods or their packaging, music or a smell, there must be a graphical representation of the mark: how this is achieved is up to the applicant. The application must state that the mark is being used for the goods or services for which registration is sought. The use may be by the applicant, or by someone with the applicant’s consent. Alternatively, it suffices if the applicant has a bona fide intention of using the mark: no evidence of such intention needs to be provided, however. This prevents speculative registration of trademarks, which would block the register for anyone seeking protection for a similar mark. There is no need for actual use to precede registration, so a business can register its trademarks as soon as it starts up (or even before). The requirement is not onerous. The applicant merely has to state in the application that the mark is in use or that it has a bona fide intention of using it. No further details are needed. The form TM3 which must be completed by or on behalf of applicants takes care of this requirement. This provision continues the effect of s 17(1) of the 1938 Act. However, the 1938 Act’s requirement that, where the use of the mark is to be by a company about to be set up or by a licensee, this must be indicated and details provided, has not been re-enacted. The applicant is also required to pay the requisite fees. There is a basic application fee, set initially in 1994 at £225, plus additional class fees of £125 for multi-class applications, allowed for the first time. The pre-1994 application fee was £185, the increase being justified by the increase in the initial term of protection from seven to 10 years.
made to the Registrar – that is, the Comptroller General of Patents, Designs and Trademarks. The application must be filed at the Patent Office, of which the Trade Marks Registry is a part. The application has to contain certain matter set out in the Act: – a request for registration of a trademark; – information about the identity and address of the applicant; – a statement of the goods and/or services for which the applicant wishes to register the mark; and – a representation of the mark. As far as the last of these is concerned, if the mark is just a word or words, not in a particular font, the word is all that has to be stated. If the mark contains pictorial matter, or the word or words is or are depicted in a particular font or script, a representation of the actual mark will be needed. If the mark is something else, such as the shape of the goods or their packaging, music or a smell, there must be a graphical representation of the mark: how this is achieved is up to the applicant. The application must state that the mark is being used for the goods or services for which registration is sought. The use may be by the applicant, or by someone with the applicant’s consent. Alternatively, it suffices if the applicant has a bona fide intention of using the mark: no evidence of such intention needs to be provided, however. This prevents speculative registration of trademarks, which would block the register for anyone seeking protection for a similar mark. There is no need for actual use to precede registration, so a business can register its trademarks as soon as it starts up (or even before). The requirement is not onerous. The applicant merely has to state in the application that the mark is in use or that it has a bona fide intention of using it. No further details are needed. The form TM3 which must be completed by or on behalf of applicants takes care of this requirement. This provision continues the effect of s 17(1) of the 1938 Act. However, the 1938 Act’s requirement that, where the use of the mark is to be by a company about to be set up or by a licensee, this must be indicated and details provided, has not been re-enacted. The applicant is also required to pay the requisite fees. There is a basic application fee, set initially in 1994 at £225, plus additional class fees of £125 for multi-class applications, allowed for the first time. The pre-1994 application fee was £185, the increase being justified by the increase in the initial term of protection from seven to 10 years.
ABSTRACT
made to the Registrar – that is, the Comptroller General of Patents, Designs and Trademarks. The application must be filed at the Patent Office, of which the Trade Marks Registry is a part.