The Trade Marks Rules 2008 set out the procedural and administrative requirements which apply to trade marks and trade mark applications, and modernise and replace the existing Trade Marks Rules 2000. The 2000 Rules have been amended seven times since they came into force. The new Trade Marks Rules 2008 consolidate these changes to increase accessibility and remove existing duplication, inconsistency and possible confusion.
Legal practice has moved on since the 2000 Rules came into force which is reflected in the recently amended Rules for Patents and Registered Designs. The New Rules will bring trade marks into line enabling case management to be tailored to the needs of individual cases where appropriate. This also provides an opportunity to change evidence filing procedures to reduce the filing of unnecessary evidence.
Furthermore, the UK was one of the initial signatories of the Singapore Treaty on Trade Mark Law. The UK system is currently compliant with best practice as set out in this treaty with only one exception. The new Rules will correct this and provide extensions of time for trade mark applicants and owners when deadlines for most actions before the office not involving any other party have been missed.
As of 2008, more than 90% of trade marks were registered with no third party oppositions being raised. This meant the registration of these marks was delayed by three months unnecessarily. Customer surveys showed that many unrepresented applicants and other end users wanted quicker trade mark registrations. The new Rules changed the opposition period from a fixed three month period to two months, with a free extension to three months on request by a party considering opposition.
