The UKIPO Updates Its Policies To Tackle Ineffective Addresses For Service – Trademark

The UK Intellectual Property Office (UKIPO) has released an
update this month in relation to the issue of trade mark applicants
and owners providing a valid address for service. Particularly
following Brexit there has been concerns about would-be trade mark
owners filing applications with false or ineffective addresses for
service and as a result the UKIPO is now taking a more proactive
approach using their powers under Rule 11 of the Trade Mark Rules
2008.

An address for service (AFS) is important so that trade mark
applicants and owners can receive correspondence from the UKIPO and
from third parties regarding their rights. It can also be used as
an address for service in relation to intellectual property
proceedings. It must be a valid address in the UK, Gibraltar,
Channel Islands or Isle of Man where letters and notices can be
delivered and read by the intended recipient.

If a trade mark application is filed without an effective AFS
within the United Kingdom, Gibraltar or the Channel Islands, the
UKIPO will now be treating the application as withdrawn. If the
UKIPO receives further information that indicates that an applicant
knowingly provided false or misleading information in an attempt to
circumvent Rule 11, this could now lead to a refusal of the
application under section 3(6) of the Trade Marks Act 1994, being a
refusal on the grounds of bad faith.

The UKIPO has now put a dedicated team in place to deal with
complaints and enquiries relating to an AFS, as well as providing
training to their examination teams.

If any agents or representatives registering marks on behalf of
trade mark applicants at the UKIPO are found guilty of misconduct,
the UKIPO has the ability to remove their right to act as a UKIPO
representative.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.