Failure to provide a UK address for service of legal documents, etc can lead to a full (or partial) cancellation of rights in such a trade mark or design in the UK if they are challenged.
This issue arises from a change of practice at the UK Intellectual Property Office (IPO) when an international registration designating the UK is challenged by a third party. The UK IPO will now only alert the owner’s representative, or the owner if there is none, by post.
The clock then starts ticking for the owner to take action. The time limits that apply depend on the type of registration and type of challenge.
If the address for service is not already in the UK the new practice creates a risk that the owner does not receive the alert, or does not receive it in time to act, and therefore potentially loses rights.
Operative date
- Now
Recommendation
- Individuals and businesses with/applying to register an international trade mark or design designating the UK are strongly recommended to provide a UK address for service at the earliest opportunity.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.