All trade mark holders and applicants in the United Kingdom

Takes effect on
1 October 2007

From 1 October 2007, new trade mark applications will no longer be automatically blocked if there is an earlier conflicting mark. It will instead be for the owner of the earlier mark to block it.

The examination process
A new application for a trade mark triggers a search of registers of UK national, Community Trade Mark and international trade marks that are protected either in the UK or across the Community.

If the UK Intellectual Property Office (UK-IPO) uncovers an earlier trade mark that conflicts with your application, you will receive the search results. You will then have two months in which to decide to either:

• continue with your application as it stands
• make changes to try to overcome the clash with the earlier mark
• ask the earlier mark owner to agree to your registration
• withdraw your application

If you continue, UK-IPO will notify the owners of any earlier marks of your application. This is to allow them to oppose it within set time limits and procedures. Licensees will have the right to intervene but not to oppose applications.

When UK-IPO publishes a new trade mark in the Trade Marks Journal, they will automatically and at no charge notify any UK owners or their representatives of:

• apparently conflicting earlier UK trade marks
• earlier international marks that are specifically protected in the UK

Those with Community trade marks or international marks protected at Community level will also be notified of new UK trade mark applications if they sign up online and pay a fee of £50 to opt in to the UK-IPO notification service.

The owners of earlier marks, including those not notified, will have the opportunity to oppose a conflicting application once it is published in the Journal.


For more information visit: www.businesslink.gov.uk