UK IP Office Unveils Changes To Examination Process

by Robin Pilgrim, LawAndTax-News.com, London

09 July 2007

The UK Intellectual Property Office announced recently that subject to the final completion of a legal process which is well advanced, it expects to make changes to its examination procedures on 1 October 2007.

The UK IPO explained 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 legal process to allow for these changes is expected to be completed within the next few weeks.

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