Glossary


A

Absolute grounds

These are grounds for objecting to a trade mark arising from the trade mark itself. They can be raised by IPO in examination of any application for a trade mark or by a third party prior to grant.

Acquiescence

Describes a period of 5 years where the owner of an earlier right has knowingly acquiesced on the use of a registered trade Mark by another. This usually results in a loss of certain rights associated with ownership of a registered trade mark.

Address for service

An address within the EU to which all correspondance relating to a trade mark will be sent to be the IPO.

Alteration

Once granted, a registered trade mark can only be altered in relation to any name and address contained within the trade mark.

Amendment

Once an application for a trade mark has been published, certain limited amendments may be made to the application provided they do not substantially affect the identity of the trade mark applied for.

Appeal

There are certain rights to appeal the decisions of the IPO. For example, decisions of the UK-IPO can be appealed to the Appointed Person or to the courts.

Appellations of Origin

These are special trade marks that relate to a particular locality or product that can only be used by producers of those products or those based in that locality; ie, Parma Ham and Champagne

Applicant

The party (person, persons or company) making a formal application before the IPO.

Appointed Person

A senior independent intellectual property lawyer appointed to hear appeals from decisions of the IPO. The Appointed Person offers a cost effective alternative to appealing to the courts.

Assignee

The party to whom a trade mark or other intellectual property right is transferred.

Assignment

The document used to transfer a trade mark or other intellectual property right from one party to another. Assignment of registered trade marks should be promptly recorded at the IPO or certain rights may be lost until recordal is completed.

Assignor

The party transferring a trade mark or other intellectual property right to another.

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