Fast-Track Examination of Trade Mark Applications

Guidance for Business

On 6 April 2008 the Trade Marks and Trade Marks (Fees) (Amendment) Rules 2008 will come into force. The purpose of these rules is to introduce the legislative mechanisms to permit new trade mark applications to be fast-tracked to examination. These notes are intended to provide basic guidance on how the fast-track system will operate. The notes are in a question and answer format for ease of reference.

When will I be able to apply for fast-track examination?

Although the new rules come into force on 6 April, as this is a Sunday (a non-business day) the fast-track service will be available from Monday 7 April from at least 10:00.

Can I request fast-track examination on an application that has already been filed but not yet examined?

No, an application for fast-track examination can only be made by filing the electronic TM3 that will be provided on our website from 7 April and selecting fast-track examination at that time.

How much does it cost?

Fast-track examination will cost an additional £300. This is on top of the standard application fee of £200 and any classes fees (£50 per class). For example, a fast-track application containing two classes will cost £550 (fast-track fee £300, application fee £200 & one additional class fee of £50).

What will I get for this extra money?

The application will be examined and the examination report sent to the applicant (or representative) within the 10 business days beginning on the first business day after the filing date of the application. Business days for the purposes of examination are Monday to Friday (excluding public holidays). We will be deemed to have met our obligation on the day that the examination report is sent to the applicant (normally by e-mail or fax). For comparative purposes, standard applications currently take around one month from their filing date before they are examined.

What happens if the examination report is not sent within this timeframe?

The fast-track fee (but not the application or any class fees) will be refunded.

What happens after my application has been examined?

If there are no objections to the application then it will proceed to publication in the Trade Marks Journal (for opposition purposes). If we do raise objections then you will need to correspond with us in the normal way. Although the fast-track service relates only to the examination of the application we will, nevertheless, attempt to deal with all correspondence (and any other procedural matters) as quickly as possible.

Will fast-track cases still be subject to the full 3 month opposition period?

Yes, it is a statutory requirement that all applications are subjected to a 3 month opposition period before they are registered.

Are there any other matters that I need to be aware of?

Yes, firstly, the application can only relate to a single trade mark and not a series of trade marks. Also, all fees must be paid, via the electronic application form, at the time the application is made; payment may be made by debit or credit card or by an appropriately funded deposit account held with us.

Any Questions?

If you would like to discuss the new fast track examination option, please contact:

John Hamilton-Jones
Deputy Head of UK Examination
UK Intellectual Property Office
Tel: +44 (0)1633 811198

E-mail: trademark.tm3feedback@ipo.gov.uk