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<p>As referenced in the answer to Question 264735, where an application is made to
register a trade mark, the application is examined in accordance with the Trade Mark
Act 1994 and Rules 2008.</p><p> </p><p>For trade mark applications that consist of
the name of a well-known band, the examiner will consider the application based on
the facts of the application before them and 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 has been made in bad faith. In
addition to this, every trade mark application is published, before it is registered,
<strong>for an opposition period of up to three months.</strong> During this period,
anyone can oppose the registration of a trade mark including where 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. This opposition procedure
provides a robust mechanism for all parties to submit detailed submissions and evidence.</p>
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