Intellectual Property Office
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Modernisation and consolidation of the trade marks rules
In March 2008 the UK Intellectual Property Office (UK-IPO) published a consultation paper "Modernisation and Consolidation of the Trade Marks Rules". This paper discussed a number of proposals to change the Trade Mark Rules 2000 and included a draft consolidated Statutory Instrument (Trade Mark Rules 2008). This consultation period ended on 27 May 2008.
The aims are to consolidate existing amendments removing any duplication and inconsistencies to make the Rules more accessible; bring the UK fully into line with international best practice and enable our ratification of the Singapore Treaty on Trade Mark Law and make the tribunal system more flexible, efficient and proportionate to better serve users of the Trade Marks system. The new Trade Mark Rules are due to be implemented on 1st October 2008.
The responses that were received during the consultation period were broadly supportive of most of the changes proposed. However, two issues were raised regarding changes to the opposition period and address for service requirements. These issues have been addressed in detail within the Response Document produced by the UK-IPO today. To support this Response document, the UK-IPO has also produced a guidance document for business on the new TM Rules 2008.
Editor's notes
* The Trade Marks Rules 2000 (S.I.
2000/136, as amended) set out procedural and operational
requirements which apply to Trade Marks and Trade Mark
applications.
* The Trade Marks Rules are the main piece of
secondary legislation governing the process and administration of
the trade marks system. The current Rules came into force in 2000
and have been amended seven times since then. From 1 October
these Rules will be replaced with the Trade Mark Rules 2008, this
consolidation will make the rules more accessible and remove
existing duplication and inconsistencies, in addition they will
also include a number of policy changes.
* The statutory
instrument has now been laid before parliament.
* To view the
Response and Guidance documents, please click on the links below.
http://www.ipo.gov.uk/response-tmrules.pdf
http://www.ipo.gov.uk/press-release-20080708-guidance.pdf