ARTICLE · 15 JULY 2025

New UKIPO Practice Amendment On Overly Broad Specifications And Bad Faith

Keltie LLP

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The UKIPO has issued a new Practice Amendment Notice (PAN 1/25) in response to the Supreme Court's landmark ruling in the case SkyKick UK Ltd v Sky Ltd (2024 UKSC 36).

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The UKIPO has issued a new Practice Amendment Notice (PAN 1/25) in response to the Supreme Court's landmark ruling in the case SkyKick UK Ltd v Sky Ltd (2024 UKSC 36).

The PAN states that the UKIPO may now object to trade mark applications which include overly broad terms, or unduly long lists of goods/services, if it believes that those terms were included in bad faith (i.e. if the list of goods and services is not fair, or reasonable, in the context of the applicant's business).

The circumstances of each application will be different, and therefore the UKIPO cannot set any firm rules as to exactly what will, and will not, lead to a bad faith objection. However, there are a couple of circumstances that will inevitably lead to a bad faith objection being raised:

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