There are two ideas. Just cut to two months or make it 6 weeks extensible to three. The latter is closer to my idea but what do other people think? A representative of a very non-solo firm told me she was against because their watch service did not always get them the watch notices on time. I was a bit surprised about that for UK marks. I'd change my watch service.
A community discussion group for sole IP practitioners, wherever they are in the world and whether in private practice or in-house - whether in their own businesses or working for others - as well as new small firms on a growth curve.
Monday 31 March 2008
Reduced UK Trademark Opposition Period
There are two ideas. Just cut to two months or make it 6 weeks extensible to three. The latter is closer to my idea but what do other people think? A representative of a very non-solo firm told me she was against because their watch service did not always get them the watch notices on time. I was a bit surprised about that for UK marks. I'd change my watch service.
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To me, a shortened opposition period makes sense. It seems pointless having a fast track application process which is then held up by what is (in the modern fast moving technological world) a fairly drawn out period of advertisement. If the opposition period is not shortened, a fast track application will not get to grant substantially more quickly than a straightforward application on the normal track. I agree that a system of an extensible 6 week period is likely to be the best compromise. Surely any worthwhile watching service should be able to cope and the new system would certainly suit fast reacting solo-practitioners, like Filemot.
ReplyDeleteJames Love
I also agree with Barbara and James though, as a barrister, I get
ReplyDeleteinvolved in the opposition process only when there is a hearing before
the Regisrar. Now that applications are published on the internet it
must be very much easier than it was in 1994 to spot a potentially
troubling application. If an application that could have been
opposed proceeds to grant it is always open to the objector to apply
for as declaration of invalidity udner s.47 (2) Trade Marks Act.
Enjoy the weekend all
Jane Lambert