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ARTICLE · 20 DECEMBER 2007

Trademark Changes: Good For Lawyers, Bad For Owners

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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The UK Intellectual Property Office (UK IPO) will no longer reject trademark applications on 'relative grounds'.

United KingdomIntellectual Property
Michael Cover
Michael Cover

Michael Cover is a partner in the Intellectual Property group at Charles Russell.

This article first appeared on TheLawyer.com

On 1 October 2007 a new system for examining UK trademark applications was introduced.

The UK Intellectual Property Office (UK IPO) will no longer reject trademark applications on 'relative grounds'.

Relative grounds include conflicts with prior existing UK and EU registered trademarks and applications.

The UK IPO will now simply notify the applicant of any similar UK or community trademarks (CTMs).

The applicant can then withdraw, modify, or proceed with the application.

If the applicant proceeds, the UK IPO will write to the owner of the conflicting trademark to notify it of the new application, following publication in the UK 'Trade Marks Journal'.

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