THE INSTITUTE OF TRADE MARK AGENTS
A CHRONOLOGY
REGISTERING YOUR MARK IN EUROPE
The Institute is the professional body which
represents the interests of trade mark users as well as trade mark
owners and trade mark practitioners. It was established in 1934 and,
under the 1988 Patent Design and Copyright Act, was given responsibility
for setting up and administering the Register of those licensed to
practice as trade mark agents in the United Kingdom.
CHRONOLOGY
1875 -The
first trade mark to be registered is the Bass Triangle, which is still
in force. 1934
- Institute of Trade Mark Agents founded in London
1938
-Introduction of The Trade Marks Act 1938 which remained in operation
until 1994. This was the first "modern" trade marks act used as a
model in many countries including the Republic of Ireland. However, it
had many limitations. It was not until 1986 it became possible to
register trade marks for services. Also, only certain words and
picture marks could be protected.
1975 - Centenary of the first Trade
Marks Act. 1986
- It becomes possible to register trade marks for services.
1988 - The
Register of Trade Mark Agents is established and control and
administration of the Register and the examination system is given to
The Institute of Trade Mark Agents.
1994 - The
Trade Marks Act 1994 permits registration of a wide variety of shapes
and symbols such as containers and colours. Unfortunately there are
commensurate drawbacks. The Act was designed to bring us in to line
with Europe. Most European countries only recognise trade mark rights
through registration. It is not possible to claim trade mark rights
unless the mark is registered. Although our new Act continues to
acknowledge that trade mark rights might be acquired through use, it
is, with certain limited restrictions, the first applicant who will be
granted registration of the trade mark. Therefore there are clear and
powerful reasons for seeking trade mark registration under the 1994
Act 1996
- The Community trade mark and International registration of trade
marks under the Madrid Protocol come into force for the United Kingdom. 1999
The Institute of Trade Mark Agents becomes
The
Institute of Trade Mark Attorneys to reflect the changing
face and role of its
membership.
REGISTERING YOUR MARK IN EUROPE
A Community Trade Mark provides protection
by means of a single registration covering the whole of the European
Union. This can be enforced in any one of the member states.
Registration of a Community trade mark is granted by the "Office
for the Harmonisation of the Internal Market (Trade Marks and Designs)"
("OHIM").
This is located in Alicante, Spain but appropriately qualified UK
Attorneys may practice. Alexander Ramage Associates Trade Mark Attorneys
are fully qualified to practice. Around twenty percent of Community
Trade Mark Applications have come from the UK. An "International
Registration" is not really a unified registration but an application
deposited to seek protection in a number of nominated separate territories.
It avoids the preparation and filing of separate applications in each
country for which protection is required. An application for International
Registration under the Madrid Protocol must be based on an application
or registration secured in the country where the Applicant is domiciled.
It must be deposited through that National Office accompanied by variable
fees to cover all Official fees due to the national offices for the
countries in which protection is claimed. Once deposited it is examined
under the national laws applicable to the territories nominated.
BACK TO YOUR QUESTIONS
WOKING
LONDON POOLE
- 20 High Street, Woking, Surrey, England, GU21
6BW
Tel 01483 750701, Fax 01483 740560, Email ARA@Ramage.co.uk
