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1 October 2013Trademarks

UK fast-track opposition procedure launches today

The UK has launched a new opposition procedure in order to allow owners of trademarks to file fast-track oppositions at a lower price.

The Fast-track Opposition Procedure, which came into force on October 1, is designed to deal with opposition cases quickly and at a reduced cost.

Administered by the UK Intellectual Property Office (IPO) the new system will enable trademark holders to challenge third party applications for conflicting marks.

The procedure will be available where grounds for opposition are covered under sections 5(1) and 5(2) of the Trade Marks Act 1994 and can only be brought in cases of complete identity or a likelihood of confusion.

The official fee will be £100, reduced from £200; a decision is expected within six months as opposed to the 12 month estimate for a standard opposition procedure.

According to a statement on the IPO official website, it will “provide a faster, cheaper and less complicated way for business to protect their trademarks,” and will assist businesses, specifically small- and medium-sized enterprises, protect their trademarks.

Chris Mcleod, first vice president of ITMA and director of trademarks at Squire Sanders LLP in London, welcomed the procedure.

“It should provide a faster alternative to standard oppositions in cases which rely on a maximum of three earlier marks and where the grounds are limited to identical or similar marks and identical or similar goods or services,” Mcleod told WIPR.

“The opponent must file evidence of use of any marks over 5 years’ old when filing the opposition, and no further written evidence is likely to be permitted.  This is likely to reduce the costs and timescale involved in a standard opposition, particularly considering the reduced official fee of £100.”

“As always, the proof of the pudding is in the eating, so it remains to be seen how popular this option will be in practice, but it is certainly a progressive development.”

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