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Intervening in proceedings for the revocation, invalidation or rectification of a registration This procedure allows any person, other than the registered proprietor, who claims to have an interest in a registered trade mark to apply to intervene in any of the above proceedings. If the application is granted by the Trade Marks Registry, the intervener will take the place of the registered proprietor in the proceedings. Who can apply to intervene? The Trade Marks Act 1994 states "any person who has an interest in the mark", so this usually means that intervention is sought where a subsidiary or related company of the registered proprietor uses the trade mark, or where another company has bought the trade mark from the registered proprietor but the assignment to the new owner has not yet been recorded. How do I apply for permission to intervene? You must send a form for intervention (mentioned below), accompanied by a statement of case in support of your interest in the trade mark. The Registry will send a copy of your application to the applicant for revocation/invalidation/ rectification and will ask for their comments regarding your application. The Office will make a decision to grant or refuse your application after considering the application and any comments received from the applicant for revocation/invalidation/rectification. If the claimant is granted permission to intervene, it will be on such terms as considered fit. This usually means that in the event of the revocation/invalidation/rectification action being successful, the intervener will be liable for any and all costs in the proceedings. If the request to intervene is refused, you have the right to a hearing on that decision. Form(s)
When should an application for intervention be made? There is no time limit for making an application
to intervene, though it is usually made by the potential intervener
when filing the counter-statement,
and evidence in defence of the revocation/invalidation/rectification
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