Build the grounds and particulars table for a trade mark opposition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the register extract and the documents the lawyer selects, list each proposed ground, the material facts that support it, and the trade marks particularised under a section 44 ground. Count grounds for the fee with section 58A left out, and count section 44 marks above ten. Mark a ground that has no facts. Do not write the statement that will be filed.
- What the lawyer must review
- The lawyer chooses the grounds, writes the statement of grounds and particulars in the approved form, and files it within one month of the notice of intention to oppose. The lawyer checks that the statement is in the same name as that notice.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the register extract and the documents the lawyer selects, list each proposed ground, the material facts that support it, and the trade marks particularised under a section 44 ground. Count grounds for the fee with section 58A left out, and count section 44 marks above ten. Mark a ground that has no facts. Do not write the statement that will be filed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check each trade mark number and priority date against the register extract, not against the client's list.
- Confirm the one-month date is calculated from the day the notice of intention to oppose was filed.
- Confirm the fee count excludes section 58A and applies the manual's thresholds before a fee is paid.
- Confirm a ground with no particulars is marked, because an inadequate ground can be deleted and a wholly inadequate statement can lead to dismissal.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.