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Trade Marks - Registered UK Trade Marks |
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Procedure for filing and prosecuting a UK Trade Mark Application:Prior to filing a new Trade Mark Application or commencing use of a Trade Mark, Albright Patents strongly recommend that searches of relevant Trade Mark Registers are conducted for potentially conflicting Trade Marks.
Albright Patents will review any Examination objections raised and advise you how best to proceed, for example, the filing of written arguments or specification amendment. Under the new procedure introduced on 1 October 2007, there is only one opportunity to respond to the Examination report. Failure to overcome objections relating to conflicts with earlier marks will lead to notification of UK propietors of earlier conflicting marks, and notification of CTM proprietors of earlier conflicting marks that have "opted into notification". Notification increases the risk of opposition being raised, as discussed below.
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Cost of Searching, Filing and Prosecuting a UK Trade Mark Application:SearchingPre-Application Trade Mark searches are optional but highly recommended. It is important to ascertain at the outset whether your proposed Trade Mark might infringe existing third party rights in the UK. Albright Patents offer two principal types of UK Trade Mark Register searches: -
In addition to searches of the Trade Mark Registers, we urge Clients to undertake their own investigation into use of similar Trade Marks in an "unregistered" capacity, for example, on the Internet, Yellow Pages and at Companies House. Filing FeesApproximately £450 plus VAT for the first Class of goods/services and an additional £100 plus VAT for each Class after the first Prosecution Fees (Examination/Publication/Registration)In a straightforward case, encountering no serious objections or opposition, additional prosecution costs should not exceed around £500 plus VAT for the first Class and an additional £100 plus VAT for each Class after the first. The above costs include both Albright Patents' fees and the UK Trade Mark Registry's official fees (at today's rates). |
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