As from 1 October 2007, the UK Trade Marks Registry, while processing a trade mark application, will no longer search for prior rights of third parties and raise objections if any are found. Consequently, trade mark applications will no longer be automatically refused registration on the basis that another party has relevant prior rights. It will be up to interested third parties with prior rights to oppose trade mark applications where their own rights might be threatened. This change brings the UK trade mark procedure in line with the procedure for EU Community trade marks.

So trade mark owners will need to be vigilant in spotting these conflicting marks being ‘rubber stamped’ and be geared up to take decisive action where required.

Posted: July 4th, 2007 under Intellectual Property.
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