The Trade Marks Act 2010 has now been published and is in force, with an effective date of 3 September 2010.

The new law allows service marks to be filed for the first time. The Ninth Edition of the Nice Classification system is being followed, so applications can now be filed in classes 35 to 45. However, multi-class applications are not permitted under the new Act. There is also no mention in the law of claiming priority.

The initial duration of a registration is seven years, calculated from the date of application, and marks are now renewed for a period of ten years, rather than the fourteen year term under the old law.

An unusual feature of the new law is a requirement for applicants to conduct a search. This appears to be compulsory. We are attempting to clarify the matter, as it is unclear whether a search has to be conducted prior to filing the application, or whether a search can be requested at the same time as filing. 

Should you have any queries about the new law, please do not hesitate to contact us.