UK IP Office To Advise On Trademark Legislation Changes

by Robin Pilgrim, LawAndTax-News.com, London

20 August 2007

The UK Intellectual Property Office announced this week that it will be offering advice and practical help on new trade mark legislation in a series of events being held around the country this September.

In July, the UK-IPO revealed that it would be making changes to its examination procedures on October 1, 2007.

The IP Office explained at the time that:

"After that date we will no longer refuse to register a new trade mark application because of an earlier conflicting trade mark, unless the owner of the earlier mark successfully opposes the new application."

"We will still search the relevant registers as part of the examination process and send the applicant the results. If we find there are earlier conflicting marks already on the register, the applicant must choose between continuing with the application, restricting the list of goods and services to try to overcome the clash with the earlier mark, or withdrawing it."

It continued:

"If the applicant decides to continue with the application, we will write to the owners of any earlier conflicting marks identified in the search when the application proceeds to publication in the Trade Marks Journal. We will notify the owners of earlier UK marks automatically but EU mark owners will need to request notification by filing in a request form."

"When the mark is advertised in the Trade Marks Journal, the owners of any earlier marks or rights can oppose the application if they think that the use of the new mark will infringe their earlier mark or right. If there is a successful opposition, the applicant could be liable for costs and may not be able to get their mark registered."

The free events organised by the UK-IPO and announced this week will give attendees the opportunity hear about the changes to the trade mark examination and opposition processes.

Each event will last for around two hours and will include a presentation focussing on the trade mark system and the impact of the changes to legislation. The event will conclude with a Q & A session.

Robin Webb, Director of Trade Marks, explained that:

"These changes affect every trade mark applicant and holder, and the Office is keen to ensure that as many of our customers are made aware of the change in our procedures."

The UK-IPO events will take place in London on September 3 and 4, Birmingham on September 7, Manchester on September 10, Newport, South Wales on September 11, Leeds on September 14, and Glasgow on September 17.

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