Procedural Changes in Trade Mark Examination in UK
Some important changes in Trade Mark Examination in the UK have commenced with effect from October 1, 2007. Under the previous procedure, the Intellectual Property Office could refuse an application for registration of a trade mark if the mark was found similar or identical to an existing registered mark in respect of the same goods or services. However, under the new procedure, trade marks will be registered, after the criteria for registration has been satisfied, unless the owner of the earlier mark successfully opposes the application for registration. When an application is made to register a trade mark, the IPO will examine the mark in the usual way. However, where it finds the existence of an earlier conflicting trade mark it will not automatically refuse the application but instead will send an examination report informing the applicant of this. In case the applicant wishes to continue the application the IPO will notify the owners of UK and International Trade Marks which covers the UK. Owners of Community Trade Marks will only be notified if they have previously opted in. The owner of an earlier mark which has been notified of a later filed application may at this point oppose the application. If the opposition is successful the application will be refused. This examination system brings the UK into the line with the European Community trade mark system and places the onus on existing trade marks owners to police their marks and oppose third party applications if they wish to prevent their use and registration.
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