UK Trade Marks – “Bad Faith” Protocols Have Changed
UK “Bad Faith” Examination Protocols Have Changed
Users of the UK trade mark system should be aware that official guidance has now changed on how UK trade mark examiners should treat applications which are seen to be in bad faith. This is following the recent UK Supreme Court ruling on SkyKick UK Ltd v Sky Ltd.
What Has Changed?
- Per the new guidance, examiners will now routinely consider whether the specification is “so manifestly and self-evidently broad that a bad faith objection should be raised”. This will include, for example, using overly broad specifications and designating classes that are not relevant to the business concerned.
- The new guidance will apply to UK applications and international applications designating the UK. The examiners will be allowed to apply their discretion in each case given the variety of circumstances they may be presented with.
- Full details of the changes can be found on the UKIPO’s website here.
Our Recommendations For Businesses
To navigate the new guidance, we recommend the following:
- Good Planning – look to the future to see what areas the business intends to operate in, to ensure nothing unnecessary is included in the application.
- Good Record Keeping – keep good records of why business decisions were taken and when, so that, if the examiner requires commercial justification, you have the facts to hand.
- Trade Mark Attorney Advice – keep your trade mark attorney in the loop on decisions about the future of the business so they can advise on the best overall trade mark strategy for your business.
Get In Touch
Please contact Chris Cairns, Trade Mark Director, if you have any questions regarding the above changes.
Chris Cairns, Trade Mark Director
T. +44 (0)141 375 7575 / E. chris@cameronintellectualproperty.com
Categories: Trade Marks