Revised UK Examination Practice

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The UK Trade Mark Registry has introduced a radical change of examination practice relating to prior rights effective 1 October 2007.

From now on, UK applications will no longer be rejected on the basis of prior rights.  However, Examiners will still consider if a new filing conflicts with earlier registrations/applications and produce a list of such potential “conflicts”.

If the Applicant for the new mark decides to go ahead notwithstanding, owners of the prior rights listed may be notified by the UK Registry.

Such notifications will be sent automatically to owners of prior UK registrations in the list.

Owners of Community Trade Marks (or International registrations designating the CTM/EU) can ask the UK Registry to advise them of such later applications, by “opting in” to the notification procedure.

Owners of UK registrations who have business interests in the UK (but not elsewhere) should find the new notification system sufficient for monitoring potentially conflicting new filings.

Owners of trade marks who have business interests outside the UK or registrations of Community and International (EU) marks may wish to subscribe to a watch service instead of “opting in” to the Registry notification system.  Obviously, it is also possible to “opt in” and subscribe to a watch.

We can advise further as to which of these options would best suit you, and the likely costs. 

Please contact your usual D Young & Co trade mark adviser for further assistance.

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