New trade mark services from the Intellectual Property Office make it cheaper and faster to kick start small businesses

From October this year, businesses will be able to register trade marks more cheaply and easily thanks to a number of new proposals announced today by the Intellectual Property Office.

In publishing its response to the ‘Helping businesses register trade marks and patents’ consultation paper, the Intellectual Property Office will implement of a number of services aimed at strengthening business competitiveness throughout the UK.

David Lammy, Minister of State for Intellectual Property, said:

"We are committed to supporting businesses in these difficult economic times, and our Right Start and E-filing initiatives make it easier and cheaper for trade mark owners, and in particular small businesses, to register and protect their brands.

"Registering a trade mark is an important step for a business to take. By protecting their intellectual property they are protecting their innovative ideas of the future.

Failing to do this risks them losing their investment in developing successful brands for their products and services."

Proposals to be introduced include:

• A ‘Right Start’ service for trade marks. A business using the new 'Right Start' service will be able to defer payment of half the usual £200 trade mark application fee until after it has seen the Intellectual Property Office's assessment of whether the mark can be registered. If there any problems, the business will have an opportunity to informally discuss them with the trade mark examiner before deciding whether to proceed with the application and pay the balance of the fees.
• An E-filing initiative. This will offer a £30 reduction in application fees for e-filed trade marks where the full discounted fee is paid at the time of filing and a £10 reduction in the application fee for e-filed patent applications. It also offers reduced fees for e-filed patent search and examination requests.

The full responses to the consultation paper can be found on the Intellectual Property Office website.

Notes to editor

• The Intellectual Property Office is within the Department for Business, Innovation and Skills and responsible for the national framework of Intellectual Property rights, comprising patents, designs, trade marks and copyright.
• Its role is to help manage an IP system that encourages innovation and creativity, balances the needs of consumers and users, promotes strong and competitive markets and is the foundation of the knowledge based economy.
• It operates in a national and an international environment and its work is governed by national and international law, including various international treaties relating to IP to which the United Kingdom is a party.
• Eight proposals were included within the consultation:
  a. Introduce an "Early Assist" (now termed Right Start) service for trade marks;
  b. Offer a reduction in the application fees for e-filed trademarks and discounts for e-filed patent applications, and for patent search or examination requests;
  c. Abolish applications for series of trade marks or introduce a fee supplement of £50 for each mark in a series beyond the first two;
  d. Withdraw the trade marks fast-track service altogether or allow its suspension;
  e. Reduce the trade mark opposition fee from £200 to £100
  f. Increase the fee for extensions of time requests made on form TM9 in trade mark cases from £50 to £100
  g. Introduce a fee of £100 for extensions of the nine month cooling-off period in trade mark opposition cases
  h. Introduce a fee of £100 for requests to stay trade mark proceedings made outside of the cooling-off procedure
• In all 16 responses were received including from bodies representing trade mark and patent attorneys and owners.
• Intellectual Property Office have considered the responses and will proceed with the following exceptions:
  i) For series of trade marks, Intellectual Property Office will introduce a fee supplement of £50 for each mark in a series beyond the first two rather than abolish series marks;
  ii) Intellectual Property Office will allow suspension of the fast-track service rather than abolish it;
  iii) The proposed reduction of the opposition fee from £200 to £100 was opposed on the grounds that it would encourage vexatious oppositions and will not be taken forward;
  iv) introduction of a fee for extending the cooling off period was opposed on the grounds that it would hinder negotiated settlements and is not being taken forward;
  v) Introduction of a fee to stay proceedings not being taken forward for same reason.
• For enquiries about the Intellectual Property Office press or media activities please contact Katie Phillips +44 (0) 1633 814 326 or James Thomson on +44 (0) 20 7596 6547.

Date of release: 6 July 2009