3. When can the interest be recorded?

Date Published

An interest can be recorded in the Register at any time if a trade mark is registered (section 114(1)). If application is made to record the interest before the trade mark is registered, the interest is recorded on the database and transferred to the Register when the trade mark is registered (section 114(2)).

A claimed interest may not be recorded in the Register if the trade mark has not been renewed.  If a trade mark is within its 6 month grace period (as per section 79) in which the registration has expired however renewal may be requested, a claimed interest may be recorded in the database, however this will only be entered in the Register if the trade mark is renewed.