UK TRADE MARKS – changes to the examination of UK trade mark applications
On October1, 2007, the British Trade Marks Registry will change its practice in relation to the examination of trade mark applications on relative grounds.At present, generally speaking, if there is a prior registered trade mark or pending trade mark application which is the same or similar to a later filed trade mark application under examination, the Registrar will refuse the later filed application.From October 1, 2007, the Registrar will not refuse the application, but will notify the applicant of the existence of any prior conflicting trade marks, who must then decide whether or not to continue with the application.However, the Registrar will also notify the owners of the prior conflicting trade mark rights, who will then have an opportunity to oppose the later filed application.It should be noted however, that notification will only be sent to owners of conflicting UK national trade mark registrations and owners of International trade mark registrations which extend to UK.Owners of Community trade mark registrations, which by their nature extend to the UK, will have to opt in by paying a fee if they wish to be notified of the existence of later filed conflicting trade mark applications.
