In 2021 the UK IPO launched its five-year 'Transformation Programme' to modernise and aggregate its services for different categories of intellectual property.

The findings of the 2^nd Consultation regarding the Programme were published last Thursday (10 April 2025); the responses relate to proposed changes in the following areas:

• online public document inspection service for trade marks and designs;
• rules governing public inspection of trade mark and design documents and requests for confidentiality;
• series trade mark service;
• length of supplementary protection certificate (SPC) fee payment periods;
• collection and publication of addresses for patent inventors; and
• ways to encourage more mediation during IPO tribunal proceedings.

Online trade mark and design documents

The Programme aims to create an online service where trade mark and design documents will be published and available for inspection online, much like the UK IPO's existing service for inspecting patents.

This is a significant update from the current system where trade mark and design documents have to be requested directly from the IPO.

The response from the consultation was favourable, though the IPO notes the concerns regarding confidentiality and potential data scraping by third parties.

Series mark service discontinued

The series mark service (in place currently) allows for a single trade mark application to contain up to six variations of a mark.

In order to qualify, the marks in question must resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.

However, about 40% of series mark applications do not meet these requirements. The IPO intends to discontinue the system for series marks, and requested responses on its user experience.

The majority of the responses favoured the system. Respondents found the service practically very useful, given its low cost and administrative benefits, but some were confused about whether a series mark provides any actual or perceived additional protection compared to a standalone trade mark. Many respondents said that six is a good maximum number for a series.

There was general opposition to the removal of the series service altogether, because applying for standalone marks would come at an increased cost (both in terms of application fees and enforcement costs), and might create difficulties for existing, valid series marks.

Despite this feedback, the UK IPO intends to remove the series mark service: it estimates that a small proportion of applicants would need to make additional applications, and most customers would benefit from the simplification.

It would also put an end to the high volume of invalid series applications. The IPO says the costs of applying are “already low”, in response to criticism of its fees.

Mediation

The IPO believes that there is an imbalance between the high number of IPO Tribunal proceedings and the relatively low number of parties using its commercial mediation service.

It seeks to encourage mediation by introducing Mediation Information and Assessment Meetings (MIAMs) into the IPO Tribunal process, in which parties would be briefed on the benefits of ADR and can see if their case is suitable to be mediated.

The IPO says it will introduce a Pilot MIAMs scheme for proceedings where there are private individuals on both sides.

Responses were broadly in favour of MIAMs taking place during proceedings, particularly for unrepresented parties, but warned that they would not like being “forced” to mediate.

What's next for the programme?

The IPO intends to launch its updated digital patent service later in 2025, followed by its online trade mark and design service in 2026.

Report by Gavin Stenton, Chair of the MARQUES International Trade Mark Law and Practice Team. The Team will continue to monitor this topic and report on any further developments.