Overview

In Tribunal Practice Notice TPN 4/2010, the IPO has changed its practice to bring it into line with the Interpretation Act 1978. This briefing by Hammonds explains the practical implications for applicants and opponents.

Whilst previously all terms have been calculated to comprise ‘full’ months, eg 1st November 2010 to 1st December 2010, some will now comprise a calendar month, eg 1st November 2010 to 30th November 2010.

So for UK trade mark applications published, for example, in the Trade Marks Journal on Friday 22nd October 2010, it will be necessary to file opposition, or extend the opposition term by a further month, by Tuesday 21st December 2010.

The practical ramifications are clear. Opposition deadlines and deadlines for extending these are now a day shorter, so have to be diarised accordingly. There will rarely, if ever, be scope, for a retrospective extension of these terms.

This is good news for applicants, because their applications can now be registered a day earlier, but less so for potential opponents, who have less time to consider whether to oppose, meaning that there could be more oppositions filed.

To read on click ‘View Briefing’