Deadlines for filing UK trade mark oppositions: a concerned Cat writes
"Can I be the only one that is mystified and annoyed at the new Practice Notice (http://www.ipo.gov.uk/t-tpn-42010) issued by the UK's Intellectual Property Office (IPO)?Says the IPKat, other people have written in with much the same comment. None of them is called Cat -- but they too are deserving of an answer. He knows many people who work at the IPO and, with very few possible exceptions, they give the impression of being serious, responsible souls who keep the interests of their users in mind. One of them, for sure, will want to email the IPKat here and explain why this long-established practice has been changed. If the reason is good enough, he's sure that OHIM and everyone else too will want to fall in line with the new UK practice. Merpel adds, from the fact that this seems to have caught practitioners by surprise, is it possible that there hasn't been quite as much consultation as one would ideally wish?
The IPO has decided that, with immediate effect and contrary to decades of practice, it is now interpreting the trade mark opposition period such that it includes the day of publication [of the application] and therefore excludes the day two months later. In other words, oppositions must now be filed the day before the same numbered day of the second month.
This is out of step with the OHIM opposition period and all other UK and European patent and trade mark deadlines that I am aware of. Surely, if they think there is a problem, they should change the wording of the rule?"
See also Birgit Clark's post on the MARQUES Class 46 European trade mark blog here.
