The Trade Marks Rules 2008

Inspection of documents; sections 67 & 76(1)

58.—(1) Subject to paragraphs (2) and (3), the registrar shall permit all documents filed or kept at the Office in relation to a registered mark or, where an application for the registration of a trade mark has been published, in relation to that application, to be inspected.

(2) The registrar shall not be obliged to permit the inspection of any such document as is mentioned in paragraph (1) until the completion of any procedure, or the stage in the procedure which is relevant to the document in question, which the registrar is required or permitted to carry out under the Act or these Rules.

(3) The right of inspection under paragraph (1) does not apply to—

(a) any document prepared in the Office solely for its own use;

(b) any document sent to the Office, whether at its request or otherwise, for inspection and subsequent return to the sender;

(c) any request for information under rule 56;

(d) any document received by the Office which the registrar considers should be treated as confidential;

(e) any document in respect of which the registrar issues directions under rule 59 that it be treated as confidential.

(4) Nothing in paragraph (1) shall be construed as imposing on the registrar any duty of making available for public inspection—

(a) any document or part of a document which in the registrar’s opinion disparages any person in a way likely to cause damage to that person; or

(b) any document or information filed at or sent to or by the Office before 31st October 1994; or

(c) any document or information filed at or sent to or by the Office after 31st October 1994 relating to an application for registration of a trade mark under the Trade Marks Act 1938(1).

(5) No appeal shall lie from a decision of the registrar under paragraph (4) not to make any document or part of a document available for public inspection.

(1)

1938 c.22 (1 and 2 Geo 6).