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Examination on relative grounds
The UK Intellectual Property Office has recently
changed their examination procedures. Trade mark applications will
no longer be refused registration because of an earlier conflicting
trade mark unless the owner of the earlier mark successfully opposes
the new trade mark application.
The UK Intellectual Property Office will still search
the relevant registers as part of
the
examination process and send the applicant the
results. If the examiner thinks that there may be any potential
earlier conflicting marks already on the register, the applicant
must choose between continuing with the application, restricting the
list of goods and services to try to overcome the clash with the
earlier mark, or withdrawing the application.
If the applicant decides to continue with the
application, the UK Intellectual Property Office will write to the
owners of any earlier conflicting marks identified in the search
when the application proceeds to publication in the Trade Marks
Journal. Owners of earlier
UK marks are
automatically notified but
EU trade mark
owners need to use an opt in system. This is done by
completing a form and paying the relevant fee.
Publication for opposition purposes
When your mark is advertised in the Trade Marks
Journal, the owners of any earlier marks or rights can oppose the
application if they think that the use of the new mark will infringe
their earlier mark or right.
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