EFIS 46, September 2008 : Intellectual Property

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The Trade Marks Rules 2008 revoke and replace the Trade Marks Rules 2000 and re-enact the 2000 Rules with various changes to give effect to the provisions of the Trade Marks Act 1994.

The UK Intellectual Property Office (UKIPO) has created several new forms for use under these 2008 Rules which will come into force on 1st October.

TM8(N) is the form to defend an application to revoke a trade mark because it has not been used.

TM9E is a new form requesting an extension of a �cooling-off� period from nine to eighteen months which is subject to the agreement of both parties to a dispute.

TM29 is an application to set aside cancellation of an application for registration, revocation or invalidation of a trade mark where the applicant can show that their initial failure to challenge proceedings was due to a failure to receive notice of the original proceedings.

The UKIPO has also amended existing forms TM26(I) and TM26(N) to reflect the 2008 Rules. TM54 will no longer be required on or after 1st October and therefore must be deleted from your system(s).

Practitioners should not file these new and amended forms with the UKIPO before 1st October.

If you are not using Active Library, you will need to manually delete some forms. For deletion instructions, click here

Forms affected

TM26(I)	Application to declare invalid a registration or a protected international trade mark (UK)	New/Amended
TM26(N)	Application to revoke a registration or a protected international trade mark (UK) for reasons of non-use	New/Amended
TM9E	Request for an extension to the cooling off period	New/Amended
TM29	Application to set aside cancellation of application or revocation or invalidation of registration	New/Amended
TM8(N)	Notice of defence and counterstatement for use in revocation on the grounds of non-use.	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.