Letter Of Consent Application for the United Kingdom

Letter Of Consent Application Template for England and Wales

A Letter of Consent Application is a formal document used in England and Wales to obtain permission from an existing trademark owner to register or use a similar trademark. This document is submitted to the UK Intellectual Property Office as part of the trademark registration process when there might be potential conflicts with existing marks. It demonstrates that the owner of a potentially conflicting mark has agreed to the registration or use of the proposed mark.

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What is a Letter Of Consent Application?

The Letter of Consent Application is a crucial document in trademark law within England and Wales, used when an applicant seeks to register or use a trademark that might conflict with an existing mark. This document becomes necessary when the UK Intellectual Property Office identifies potential similarities with existing trademarks during the examination process. The Letter of Consent Application includes detailed information about both parties, specific details about the marks in question, and the scope of consent being granted. It serves as evidence that the owner of the existing mark has no objection to the registration or use of the proposed mark, thereby helping to overcome potential opposition in the trademark registration process.

What sections should be included in a Letter Of Consent Application?

1. Applicant Details: Full legal name and contact information of the party seeking consent

2. Consenting Party Details: Full legal name and contact information of the party giving consent

3. Mark Description: Clear description of the trademark or name requiring consent

4. Scope of Consent: Specific details of what is being consented to

5. Declaration: Formal statement of consent

What sections are optional to include in a Letter Of Consent Application?

1. Conditions: Any conditions attached to the consent, used when consent is conditional

2. Time Limitations: If the consent is time-limited rather than perpetual

3. Territorial Limitations: If consent is limited to specific geographic areas

What schedules should be included in a Letter Of Consent Application?

1. Mark Representations: Visual representations of the relevant trademarks

2. Authority Documentation: Evidence of authority to provide consent (if required)

3. Related Applications: Details of related trademark applications or registrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Industries

Trade Marks Act 1994: Primary legislation governing trademark matters in the UK, particularly sections 5 and 10 regarding similar/identical marks and consent provisions for trademark usage

Trade Mark Rules 2008: Secondary legislation detailing procedural requirements for trademark applications and consent letters, including specific forms and submission requirements

Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data, relevant when personal information is included in consent letters

Companies Act 2006: Primary legislation governing company operations, relevant for consent letters involving company names or when establishing authority to provide consent on behalf of a company

UKIPO Guidelines: Official guidelines from the UK Intellectual Property Office specifying requirements for consent letters, including format and content requirements

Common Law Principles: Established legal principles from case law concerning contract formation, authority, and capacity to provide consent

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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