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WEEKLY NEWS - OCTOBER 01, 2007

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

Trade mark owners to fend for themselves in UK

James Nurton, London

Trade mark applicants in the UK will no longer have their applications refused based on earlier conflicting marks, as of today (October 1)

Following a change in procedure at the UK IP Office, examiners will merely notify applicants about earlier marks that may conflict with their applications.

The applicant can then choose whether to continue with the application, restrict the list of goods and services or withdraw the application.

If the applicant continues, then owners of earlier conflicting UK marks will be notified when the application is published, and will be able to oppose it.

Owners of Community trade marks can also opt-in to be informed about applications that potentially clash with their marks. Opting in costs £50 ($100) for each mark for a three-year period, and can be done using a form available online.

Owners of UK trade marks can also opt-out of the notification process.

Lord Triesman, intellectual property and quality minister, said: "The new system will make it easier for businesses wanting to launch new products and protect them with UK trade marks. It will also help users by aligning the UK regime with the European one."

But trade mark practitioners add that trade mark owners will have to be more active in watching for applications that may impinge on their rights, and deciding whether to take action. This could be costly, particularly for smaller companies.

The UKIPO has published a fact sheet with full details about the changes. An article on the implications of the changes was published in Managing IP last year.



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