Category Archives: trademark

Can I extend an opposition deadline?

In the UK, yes. You can extend the initial two month period by one month upon request. File a form TM7a on-line at the UKIPO. You must file it by the original opposition deadline. For Community Trade Marks (CTM), the … Continue reading

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UK Trade Mark Opposition Deadline

The Opposition deadline in the UK is 2 months from the date of the advertisement in the Trade Marks Journal.  Simple enough, one would have thought? No.  There is a trap for the unwary. Every other deadline in the IP … Continue reading

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Unofficial Registers

This is one of the few scams that operate in the IP world. If your trade mark application has been accepted, or your patent application has reached the ripe old age of 18 months, then it will be published by … Continue reading

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Does use of a Community trade mark in one Member State constitute genuine use ‘in the Community’?

Short answer: We don’t really know.  The matter has yet to be decided by the Court of Justice. Long Answer (in Ben’s view): No, because: 1. The preamble to the Council Regulation (EC) No 40/94 states that “legal conditions must … Continue reading

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Which legislation affecting trade marks is applicable in the United Kingdom?

Trade Marks Act 1994 (here) The Trade Mark Rules 2008 (2008 No. 1797) (here) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (here) Commission Regulation (EC) No 2868/95 of 13 December 1995 (as amended) … Continue reading

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Which countries are Member States of the European Union (EU)

Current Members of the EU Austira Belgium Bulgaria** Cyprus* Czech Republic* Denmark Estonia* Finland France Germany Greece Hungary* Ireland Italy Latvia* Lithuania* Luxembourg Malta* Netherlands Poland* Portugal Romania** Slovakia* Slovenia* Spain Sweden United Kingdom * Joined the EU in 2004 … Continue reading

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What is the difference between TM and ®?

Outside the US, “TM” has no legal effect. It just means that someone regards the word (etc) as their trade mark. They may or may not have legal rights in it. The ® symbol indicates that the mark has been registered. … Continue reading

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How long does a registered trade mark last?

Short answer: potentially forever, provided you pay the renewal fees. Slightly longer answer: UK and European Union (Community Trade Marks) last for a period of 10 years from the filing date. They can then be renewed for a further period … Continue reading

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