Trade Mark applications are now dealt with on a 'first filed' basis and
there is no longer any procedure which allows the proprietor of a later
filed application for a Trade Mark to claim prior right of ownership of the
Mark. It is therefore prudent for an owner of a Mark to file as soon as
possible. We recommend that applications are filed at the conception stage
of a product or service, allowing time to be registered before a product
launch. If a Mark is not registered and has no use, it is not possible to
bring a 'passing off' action.
In addition, by starting registration proceedings at an early stage, searching the Trade Marks register forewarns of existing registered and pending rights. It is estimated that in the region of 30% of research and development conducted in Europe is wasted on products which already exist. Early filing deters competitors from pirating the Mark.
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