10:02am Tuesday 20th May 2008
COMPANIES looking to protect their product names and brands can take advantage of improvements announced by the UK Intellectual Property Office in the procedure for applying to register trade marks online.
The Intellectual Property Office, which grants intellectual property rights such as trade marks and patents, has introduced the improvements on its website to help speed up the trademark registration process.
The most important change is a new fast-track examination procedure. For an additional fee of £300, the UK Intellectual Property Office will examine the application and send its report to the trademark applicant (or their representative) within ten business days.
The present procedure takes about a month.
Intellectual property experts at North-East law firm Ward Hadaway warn that, while the application process appears easier, there are potential pitfalls.
Alex Shiel, head of intellectual property at Ward Hadaway, said: "The improved online application form and the IPO's fast-track service should speed up the trademark process and is likely to make it cheaper.
"However, those looking to get trademarks for their products, brands and designs need to be aware that it is not all plain sailing even with the improved application process. Strict rules covering trademark infringement remain in force, as do rules governing challenges to trade marks.
"The procedure relating to the advertisement of trademark applications in the Trade Marks Journal and the three-month period for oppositions still applies in the same way as to a standard trademark application and brand owners still need to ensure that clearance searches have been carried out."
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