May 2009
UK Trade Mark v Community Trade Mark: Let the Price War Begin
As previously reported today sees the official fees of a Community Trade Mark being reduced by 40%, the registration fees have been abolished and official fees on application are now just €900 covering the first three classes. However hot on the heels of this announcement is the UK Intellectual Property Office who has announced a public consultation and review of its trade mark procedures and fees.
At present the fees for a UK trade mark are already reasonable at £200 for a one class application although of course this covers the UK only rather than an EU wide trade mark. It is going to be difficult therefore for the UK Intellectual Property Office to compete on price, however early indications suggest that they are considering reducing fees by £30 for an online application.
Also and perhaps of more interest is a proposal to introduce other services including an “Early Assist” application service. This service would allow new applicants to pay 50% of the application fees on filing prompting the Office to examine the application and report any existing same/similar marks which may be a bar to the registration. On review of the results the applicant has the option to continue with the application and pay the balance or withdraw the application and forfeit the fees they have already paid.
It is important to note that the examination carried out by the UK Intellectual Property Office does not include unregistered marks which may have prior rights and which should be considered when seeking brand protection. The examination report should be analysed in detail and as always we strongly advise seeking legal advice to determine the best options available to you.
This price war clearly has huge benefits for small to medium sized businesses in these harsh economic times. However people should not lose sight of the reasons for choosing particular territories for a trade mark filing. When deciding you should always consider which territories you actually sell in. If you are just selling in the UK then it may not be wise to file a CTM unless you plan to expand to other European territories or to sell in these countries in the near future. However if you are selling in the EU (even to just one or two other countries) or are planning to expand either through franchising or licensing arrangements then it may be prudent to secure a Community Trade Mark at the earliest opportunity.
For more advice on trade marks please contactt info@briffa.com.