Calculation of time periods
Background information and guidance on the 2 new instruments which will come into force on 31 March 2013.
- 皇冠体育app Trade Marks and Registered Designs (Amendment) Rules 2013
- 皇冠体育app Trade Marks (International Registration) (Amendment) Order 2013
On 31 March 2013 the above instruments will come into force and the purpose of this note is to provide some background information and guidance so that private applicants and trade mark attorneys can familiarise themselves with the main legislative changes.
During the drafting of the Trade Mark Rules 2008(SI2008/1797) and the Trade Marks (International Registration) Order 2008(SI2008/2206) certain time periods were reformulated using wording 鈥榅 days/months/years beginning with鈥� or 鈥榖eginning on鈥� a particular date or event. This wording replaced the formulation 鈥榅 days/months/years from鈥� a particular date or event. 皇冠体育app intention was to bring consistency to the wording but not to change the method of calculation of the various prescribed periods.
皇冠体育appre is however established case law that the 鈥榖eginning with鈥� formulation defines a period which ends one day sooner than the 鈥榝rom鈥� formulation.
皇冠体育app purpose of the new instruments is therefore to restore the position to what it was prior to the changes made in 2008. This will be achieved by introducing the wording 鈥榖eginning immediately after鈥� to prescribe time periods other than for rules 5(5), 14(5) and 63(2) of the Trade Marks Rules 2008 where it is intended to retain the 鈥榖eginning on/with鈥� formulation.
This will mean that, for example, an opposition period of two months following publication on 11 April 2013 will expire on 11 June 2013, rather than on 10 June as present.
皇冠体育app transitional provisions mean that the end of any of the periods covered by the change and which are still open on 31 March will be calculated on the revised basis. For example, the standard opposition period for a mark published on 5 February will now expire on 5 April rather than 4 April.