Glossary


E

Earlier right

This is a term used to describe another intellectual property right that may form a barrier to subsequent trade mark application.

Earlier trade mark

This is a term used to describe a trade mark which may form a barrier to a subsequent trade mark application. These trade marks may be Community trade marks, international trade marks or applications claiming Paris Convention Priority.

Examination

The procedure conducted by the UK-IPO to ensure that any application meets the minimum threshold for registration.

Exclusive licence

A right to use a trade mark or any other intellectual property right to the exclusion of others including the owner. The recordal of exclusive licences for trade marks before the UK-IPO offers certain statutory rights to the licencee.

Exhaustion of right

Once a trade mark has been applied to goods or services by its proprietor or with its authority, the proprietor's rights are said to be exhausted within the European Union. This means that the proprietor cannot object to dealings in his goods or services as a result of his trade marks rights except in very limited circumstances.

Extension

Usually a period of 3 months granted to a party in proceedings before the UK-IPO. A party will normally be entitled to one extension but subsequent extensions usually need to be supported by reasons.

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