23 August 2010

New Time Limits in Place for Trade Mark Inter Partes Proceedings Before the UKIPO

New Time Limits in Place for Trade Mark Inter Partes Proceedings Before the UKIPO

Under Tribunal Practice Note 2/2010, the UKIPO has amended the time limits allowed for the filing of evidence and written submissions in trade mark inter partes proceedings.

The new time limits are as follows:

Opposition/Revocation/Invalidation Proceedings

Opponent/applicant for revocation/invalidity's first round of evidence: two months from the filing of the counterstatement.

Applicant/registered proprietor's evidence in reply: two months from receipt of the opponent/applicant for revocation/invalidity's evidence.

Opponent/applicant for revocation/invalidity's evidence in reply: one month to notify the registrar of whether they intend to file further evidence.  The registrar will then set a final period of one month for the submission of this further evidence.

Rectification Proceedings

If the application for rectification is filed by a party other than the registered proprietor, the registered proprietor will have two months to file evidence or written submissions.

The applicant will then have a period of time specified by the registrar to file any submissions in response to the registered proprietor's evidence.

Full details of the Tribunal Practice Note can be found on the UKIPO website.