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5. Examination
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5.1 Mark
An application for merger of separate trade mark applications or registrations will not be accepted where the marks are not identical11. This includes the situation where the different trade mark applications or registrations would constitute a series but are not identical.
Footnote
11 Regulation 54(2)(e) of the Trade Marks Regulations 2003
5.2 Filing and convention dates
An application for merger of separate trade mark applications or registrations will not be accepted where the marks have a different filing date or convention priority date12.
An application for merger will not be accepted where one application or registration claims a multiple or partial convention priority and the other application or registration does not.
Footnote
12 Regulation 54(2)(b) of the Trade Marks Regulations 2003.
5.3 Status
An application for merger of separate trade mark applications or registrations will not be accepted where the marks do not have the same status13. For example, where the marks are under examination then all the marks must be at examination status, namely, status 50. Where the marks are registered all the subject marks must at the same registered status, namely status 100.
Footnote
13 Regulation 54(2)(c) of the Trade Marks Regulations 2003.
5.4 Name of applicant or owner
An application for merger of separate trade mark applications or registrations will not be accepted where the name of the applicant for the merger is not exactly the same as the respective trade mark applicant or trade mark registration owner.14
Footnote
14 Regulation 54(2)(d) of the Trade Marks Regulations 2003.
5.5 Classification
An application for merger of separate trade mark applications or registrations will not be accepted where the marks are not classified according to the same edition of the Nice Classification or Schedule to the Trade Marks Regulations 1954.15
Footnote
15 Regulation 55(a) of the Trade Marks Regulation 2003.
