Fast track trade mark oppositions in the UK
26th November 2013
As from 1 October 2013, it is now possible to file a fast track opposition against a United Kingdom trade mark application.
Fast track oppositions must be filed electronically on new Form TM7F, may only be brought on grounds under Section 5(1) or 5(2) and may be based on no more than three earlier rights. Where the earlier rights have been registered for more than five years, proof of use must be provided with the notice of opposition. There are also restrictions on subsequent filing of evidence in order to speed up the opposition procedure.
Stay of proceedings at UK courts - Coloplast A/S v Salts Healthcare Limited
24th February 2020
Although a stay of national proceedings is the ‘default’ position in the UK, the stay was refused in this instance because of the combination of an absolute right of appeal, a minimum of two years to appeal and the potential of the ping pong effect before the EPO.