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<p>The Intellectual Property Office has a comprehensive procedure in place with regards
to the registration of trade marks and examines every application in accordance with
the Trade Mark Act 1994 and Rules 2008 to make sure that it meets the requirements
for filing. 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. Therefore, if a third party believes that an application has been
filed in bad faith then an opposition can be filed on that basis, prior to the mark
being registered. Opposition can be made through the Intellectual Property Office’s
low-cost tribunal service. This provides a robust mechanism for all parties to submit
detailed submissions and evidence in order to resolve any dispute that has arisen
regarding ownership of a particular name. A similar mechanism is in place following
the registration of a mark, via the ability for third parties to apply for the invalidation
of a trade mark.</p>
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