For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Wednesday, 7 March 2007

Expedited trade mark applications in Europe; Mystery website

So far, the IPKat has had responses from Latvia, the Benelux and Italy in response to his request for information concerning expedited trade mark applications in Europe.

Right: Speedy Gonzales might like to retrain as a trademark attorney in the Benelux, where a complete registration may be obtained in 24 hours.

Voldemars Osmans(Patent Attorney, Latvia) writes:

"In Latvia (LV) there are no provisions for expedited application in the Law. However, upon paying an additional fee to the Patent Office (about 85 euro) the passage the application can be accelerated. This is regarded as a Patent Office service. Originally this service was introduced in order to obtain a registration within the six month priority period, to enable the applicant to file an application under the Madrid agreement claiming conventional priority from the original application. Where an accelerated passage is requested on filing, it is possible to obtain a registration in about two months".
Jean Pire (European & Benelux Trade Mark and Design Attorney, Gevers, Belgium) was fastest of the Benelux respondents, marginally ahead of Florence Verhoestraete (NautaDutilh's Brussels office). He writes:
"Benelux can get a TM registration granted in 24 hours ....just pay the extra fee and you'll get it (examination is limited to classification only). They deal with examination on inherent registrability and opposition after grant".
From Italy, Mauro Turrini (who is currently with Bird & Bird in their London office) says:

"The Italian Trade Mark and Patent Office (UIBM) provides an expedited trade mark procedure upon request. Such a request must be duly motivated. In practice the Office limits this option to very few cases and in particular only where legal proceedings relating to the trade mark applied for are concerned (e.g. enforcement of the trade mark application where interim measures are sought from one side and invalidity counterclaim from the other side).

In these cases, although the procedure applied for is not an expedited procedure in itself (it does not differ as to the type of assessment usually conducted by the Office), it allows applicants to have their applications assessed on a priority basis compared to those lodged before.

Left: The UIBM -- bending backwards to help the deserving applicant

In order to comply with the “motivation” requirements imposed by the UIBM, evidence of the foregoing should be duly provided by the applicant to the Office (e.g. certified true copy of the act ex parte introducing the legal proceeding)".


An email out of the blue from veteran intellectual property practitioner Bas-Jan t'Jong, of Arnold & Siedsma, has got the IPKat a little puzzled. He draws the IPKat's attention to a website (www.ifdip.com) on which one can download patent publications for free. He adds:
"It seems to be somewhat experimental at the moment, but might become more interesting over time. At least, I now can easily download publications, which used to be quite difficult".
Right: the Kat detective solves another case (artwork from AM New York)
An inspection of the beta site suggests that it might indeed be quite useful -- but the IPKat thinks that Bas-Jan is perhaps being a little modest, since a whois search reveals that the website is registered in his name. Merpel suggests, let's watch and see how the site develops ...

3 comments:

David said...

The site might be useful but, at the moment at least, not worth the extra effort of registering. Perhaps Bas-Jan has not noticed that full patent specifications can be downloaded directly from espacenet?

Philip Eagle said...

You can't download full patent specs from Espacenet if they're over about fifty pages, which is annoyingly exactly when that function comes in most useful.

David said...

Good point. I had forgotten that one. Patentscope and the EPO's own publication server do not, however, have such a limit. Nor does the epoline service.

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