Consultation On Relative Grounds

In February, the Trade Marks Registry published a consultation paper on how it should deal with relative grounds for refusal under s.5 of the Trade Marks Act 1994. Members of the profession and the public were given an opportunity to respond to the consultation in May. The Registry has now published its response to the comments it received.

While many people believe that the current UK system creates a stronger, more valid registration than a Community Trade Mark, most agree that it does not work effectively alongside the CTM system. There is a heavy burden on SMEs trying to register UK trade marks in view of the number of CTM marks being cited on examination, particularly CTMs with broad specifications.