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<p>The UK’s intellectual property framework is under constant review to ensure it
works for both right holders and users and continues to be a stimulus for innovation
and growth.</p><p> </p><p>Where an application is made to register an artist or band’s
name as a trade mark, the application is examined by the Intellectual Property Office
in accordance with the Trade Mark Act 1994 and Rules 2008. Some requirements are essential
in order to obtain a filing date. This includes the full name and address of the applicant
(who becomes the ‘proprietor’ once the mark is registered) as it is an essential requirement
for filing an application. The name of the applicant must be a correct legal name
(particularly in the case of companies) and not a trading name or style. For trade
mark applications which include the name of a famous individual or group, Section
3(6) of the Trade Marks Act 1994 will be considered. Section 3(6) of the Act states
that a trade mark shall not be registered if or to the extent that the application
is made in bad faith.</p><p> </p><p>Anyone can oppose the registration of a trade
mark during the application process, once it has been published following examination.
If a third party believes that an application has been filed in bad faith - where,
for example, facts not visible or apparent to the examiner are known by that third
party - then an opposition can be filed on that basis, prior to the mark being registered.
The requirement for evidence exists at this stage. This opposition procedure provides
a robust mechanism for all parties to submit detailed submissions and evidence.</p>
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