Non essential requirements for filing under section 32(2)- Part 2
As explored in Part 1 of this 2 Part article we looked at the essential requirements for filing a trade mark.
There are also a number of non-essential requirements for filing a trade mark application that need to be considered.
1- Use or bona fide intention to use
As noted in section 32(3)- every application needs to be filed in good faith and the registered owner has a bona fide intention to use the Mark within the relevant goods and services. To file against this could result in consequences. To ensure that you are complying you or your legal representative (such as ourselves) sign the application form.
It is necessary when filing a trade mark application to pay the application and class fees accordingly. The fees are dependant on however many classes you file. Please note the payment of such fees do not affect the filing date if the fees are delayed (section 32(4) and Rule 5).
When filing an application it is common that your legal representative will fill out a TM3 form. If however, this is not the case and all the details are sent to the relevant office then the Office will give you a one month period for the information to be transferred onto a TM3 under Rule 5. To save time on this process it is recommended a TM3 is used for the initial application.
As mentioned in previous articles, when filing an application, you need to file classes alongside this. These cover the goods and services of your Mark. Under Rule 8(2) you need to specify such class terms when filing your application. The UKIPO have means to assist with this process and your legal representative will be able to advise you on the most suitable class terms. Please note this is an important step as you need to make sure your application is covered in the correct goods and services to ensure you are protected and there is no risk of the Mark being removed from you.
5- Address for service
You or your legal representatives need to provide an address based in the UK when filing an application. If you are based in the Channel Islands and Isle of Man you will not be required to have a mainland UK address.
If you have any questions and would like any assistance on filling your application, then please do not hesitate to contact the Trademarkroom team today.