CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 11 APRIL 2011
Amending goods and services specifications: new UK guidance
A new Tribunal Practice Notice (TPN 1/2011) has been published by the Intellectual Property Office in the United Kingdom. This TPN concerns (i) the pre-publication examination of, (ii) the post-publication opposition to, and (iii) post-registration invalidation or revocation of trade marks.
Tags: UK Registry practice, amendment of specifications,
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Amending goods and services specifications: new UK guidance
A new Tribunal Practice Notice (TPN 1/2011) has been published by the Intellectual Property Office in the United Kingdom. This TPN concerns (i) the pre-publication examination of, (ii) the post-publication opposition to, and (iii) post-registration invalidation or revocation of trade marks.
Among other things, the TPN sets out the practice regarding partial refusals in both undefended and defended opposition proceedings. Where an amendment to the specification of goods or services is required following contested proceedings the hearing officer will adopt one or a combination of approaches, including (i) just deleting offending descriptions of goods or services and (ii) adding a "save for" type exclusion to the existing descriptions.
If the result of the proceedings cannot be clearly reflected in either of these ways, the hearing officer will indicate the extent to which the proceedings have succeeded in his own words. The parties can then provide submissions or proposals on appropriate wording for the list of goods or services. Once the hearing officer has given them his consideration he will then decide upon the form of a revised list.
Posted by: Blog Administrator @ 06.53Tags: UK Registry practice, amendment of specifications,
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