Statutory guidance

Guidance and notes on the changes to designs and trade mark forms to improve clarity and facilitate processing

Published 7 April 2025

(a) These notes are not part of the Directions. They are intended to provide background and additional information.

(b) The Interpretation Act 1978 applies to the Directions. Therefore, all the definitions set out in the Registered Designs Act 1949 (as amended) and the Trade Marks Act 1994 (as amended) apply to these Directions. Further, amongst other things, generally any words importing the masculine gender include the feminine and words in the singular include the plural and words in the plural include the singular.

(c) Section 31A of the Registered Design Act and Section 66 of the Trade Marks Act allows the comptroller to give directions specifying any forms the use of which is required by the Registrar.

(d) The following forms have been revised as set out below.

Designs Form DF2B

(e) The form above has had the following wording added to Question 3 - “(excluding your original design application)”

Trade Marks Form TM12

(f) The form above has had the text in the grey box at the top of the first page changed to “Use this form to divide the application. Where there are objections to some of the goods and services, the acceptable terms can be transferred to the divisional case. This allows the acceptable terms to go forward for publication whilst outstanding objections are dealt with on the original case.”

Trade Marks Form TM16

(g) The category “Assent of personal representative” in question 7 has been replaced with “Assent”; and additional supporting text added stating “Assent – This is used when carrying out duties as executor/administrator of a deceased person’s estate.”

Trade Marks Form TM24C

(h) The Form above has been corrected to accurately reflect the requirements of Rule 49(2) of the Trade Mark Rules 2008. The explanatory note has been corrected to state that “The trade mark owner or their representative can sign section 5 ‘Authorisation to change register’ without the need to provide written proof of the cancellation. If the grantee or their representative signs this section, then they must provide proof of the cancellation”.

(i) The start date section of Question 4 has been changed to “Start date of the original charge/security to be cancelled” with supporting text that says “this is the security date that was recorded in section 5 of the original TM24 form”.

(j) In addition, section 5 has been corrected to state: “The grantor shown in section 2 (or their representative) can sign this section without the need to provide written proof of the cancellation. If the grantee or their representative signs this section, then they must provide proof of cancellation”.

Trade Marks Form TM31R

(k) The Form above has had Question 5 removed.

(l) Any queries about these Directions should be addressed to:

Legal Section,
Intellectual Property Office,
Concept House,
Cardiff Road,
Newport,
South Wales,
NP10 8QQ
United Kingdom

Tel: +44 (0) 1633 811224