The results of the government’s second transformation consultation into the digital transformation of the UKIPO has been published.
The consultation ran between August and October 2023 and builds off of the first consultation period, which principally focused on proposals for a new digital patents service. The aim of this second consultation was to consider changes to the UKIPO’s trade mark, design and tribunal services.
There were three major outcomes of the consultation relating to trade marks, namely:
- Publishing trade mark and design documents online, through the establishment of the UKIPO’s new One IPO Search tool;
- Discontinuing the series mark service to simplify trade mark applications; and
- Trailing mediation meetings for IP disputes.
Discounting the series mark applications
Series applications enable applicants to file applications for up to six marks in a single application, provided the differences between the marks are very small.
The consultation found that many customers find series marks confusing. Currently, 65% of series mark applications are filed by unrepresented parties and in 2022, nearly 40% of these applications received objections for not meeting the requirements. Also, series marks offer limited additional legal protection and so are not considered to represent value for money for the customer.
Accordingly, the Government will be discontinuing series marks when the UKIPO’s new digital trade mark service launches later this year (2025). The hope is that this will simplify the trade mark application process and offer better value for money for applicants. Existing series marks will of course remain valid and will not be impacted by this change.
Trialling mediation meetings for IP disputes
The Government has also announced a trial for new mediation meetings for certain disputes at the UKIPO Tribunal. This will commence in summer 2025 and will allow parties without legal representation to explore the benefits of mediation, with the hope that this might result in a quicker and more cost-effective resolution to some disputes.
We await with interest the outcomes of this trial.
Read more on the work of our trade mark team here
