New UK IPO Guidance Tightens Rules on Trade Mark Specifications After SkyKick Ruling
- SADIK ISLER
- Jun 28
- 2 min read
Published: 27 June 2025
The UK Intellectual Property Office (IPO) has issued new guidance for trade mark applicants, following the Supreme Court’s judgment, on 3 December 2024, in SkyKick UK Ltd and another v Sky Ltd and others. The updated Practice Amendment Notice (PAN 1/25), published on 27 June 2025, introduces important changes in how trade mark specifications will be examined, particularly concerning overly broad claims.
The Supreme Court clarified that applying for overly broad trade mark specifications without genuine intention to use the mark across all claimed goods or services could amount to bad faith. The judgment emphasised that such practices could undermine honest commercial practices and distort the trade mark system by blocking third parties from using marks in markets where the applicant has no real interest.
In response, the IPO has updated its examination practices. Examiners will now raise bad faith objections where specifications are “manifestly and self-evidently broad”. Applicants will need to justify or narrow their specifications if challenged, providing an appropriate commercial rationale for the breadth of their claims. Where objections are raised, applicants will have two months to respond, either by explanation or by restricting the scope of the application.
The IPO highlights that caution should be exercised when filing trademarks covering large numbers of goods and services across multiple classes, or using broad terms such as "computer software" or "clothing". While broad terms are not automatically objectionable, applicants should consider whether sub-categories would more accurately reflect their genuine intended use.
These changes take immediate effect and are designed to prevent misuse of overly broad trade mark claims, supporting a balanced and fair trade mark system.
For further details, see the IPO’s full guidance:
Disclaimer: This article is intended for informational purposes only and does not constitute legal or tax advice.
