We write on behalf of the Trademark Division of Distinction Law Limited regarding a pending application for the mark “XXXX”, which is scheduled for imminent submission to the UK Intellectual Property Office (UKIPO).

This correspondence constitutes a formal legal notice issued as part of our mandatory pre-filing due diligence under the Trade Marks Act 1994 and UKIPO regulatory practice.

Following an internal rights assessment, your organisation has been identified as a party that may hold prior commercial or legal interests in the name “XXXX” within the United Kingdom. As such, your position must be clarified before the application proceeds further.

Our review specifically concerns:

• Potential prior use in the course of trade, capable of giving rise to enforceable rights under Section 5(4)(a) of the Trade Marks Act 1994;
• Any grounds for opposition under Section 5, including unregistered rights, trade names, goodwill, or other earlier interests.

You are hereby required to confirm, within 48 hours of receipt of this notice, whether:

• You or your organisation have used, or are currently using, the name “XXXX” within the United Kingdom; and/or
• You assert any form of legal, commercial, or equitable rights in respect of the same.

If you intend to oppose or challenge the application, you must provide a clear written objection, together with supporting evidence, within the stated timeframe. Any such evidence must meet the evidentiary standards prescribed under the Trade Marks Rules 2008.

Please be advised:

• In the absence of a response within 48 hours, we will proceed on the recorded basis that no objection or competing rights are being asserted;
• Such non-response may significantly limit your ability to challenge, oppose, or enforce rights against the mark at a later stage;
• The application will proceed without further notice to you.

Notwithstanding the foregoing, should you be actively trading under the name and wish to secure exclusive statutory protection, we are able, subject to your immediate written instructions, to prioritise the preparation and filing of a UK trademark application on your behalf ahead of the current submission.

This opportunity is extended in recognition of your potential status as a prior user of the mark, thereby enabling you to regularise and secure your rights through formal registration under the Trade Marks Act 1994 prior to any competing application proceeding further.

You should also note the following legal implications:

• The UK trademark system operates on a strict first-to-file basis;
• Registration confers exclusive enforceable rights under the Trade Marks Act 1994;
• Registered rights may be relied upon in domain name disputes, including proceedings under Nominet DRS.

For compliance, audit, and evidentiary purposes, all communications in relation to this matter must remain strictly in writing.

This matter is time-sensitive and requires your immediate attention. We strongly advise that you respond within the stipulated timeframe to avoid any adverse legal or commercial consequences.

Yours faithfully,

Jennifer Christine Walford Al-Salim
Registered IP Solicitor
86-90 Paul Street, London, EC2A 4NE, England
SRA: 440200
Phone: +44 2080890241
https://distinction-law.com/

This communication is confidential and intended solely for the addressee.