Watermark
| Change in United Kingdom Trade Marks Law from October 2007 |
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29 June 2007 From October 2007, the trade mark examination practice at the UK Trade Marks Registry (now named the UK Intellectual Property Office) will change. Objections to trade mark applications will no longer be based upon the existence of a similar, earlier registration or application. The UK Intellectual Property Office will continue to conduct a search for earlier trade marks and issue a report on the trade marks found but this will be for information purposes only (like the European Community Trade Mark System). Objections will still be raised if applicable on the basis that a trade mark is descriptive or has other inherent issues, as before. The UK Intellectual Property Office will notify proprietors of earlier UK Trade Marks found that their earlier Mark has been located in the search, but the proprietors of earlier European Community Trade Mark System or International Registrations designating the UK will not be notified, unless they have specifically "opted" in to the notification procedure and paid the requisite fee to do this. This option should be seriously considered. The change means that the owners of UK trade marks can no longer rely upon their registration blocking a later application. Instead, trade mark owners must be vigilant in watching new applications, and opposing them as necessary. This brings the UK system into line with the European Community Trade Mark System, where the onus is on the owner of a trade mark, not on the trade mark office, to defend its registration. |