TUESDAY, 3 MAY 2011
'Honest concurrent use': Ireland suspends its current practice
The Irish Patents Office has suspended its practice of automatically refusing an application for the registration of an opposed trade mark against which the applicant claimed there has been honest concurrent use of the applied-for mark. This suspension will continue until an imminent consultative exercise regarding the interpretation and administration of the relevant law is concluded.
The effect of the suspension is that all oppositions will now proceed on the basis of Rules 18 to 25 of the Trade Mark Rules 1996, as amended.
The Office appreciates that this suspension may cause some difficulty for trade mark practitioners and proprietors of earlier rights, particularly where opposition proceedings are currently underway, but apologises for any inconvenience caused.
Source: "Suspension of Office Practice in Opposition Proceedings Regarding Honest Concurrent Use", Irish Patents Office, here
Posted by: Jeremy Phillips @ 16.57
Tags: Ireland, honest concurrent use,