Trade Marks
Oct 4, 2007
Author: Nick Morrison

Some protect these by registered trade marks. From 1st October, new rules for trademarks come into force.

Nick Morrison says:

“The new rules provide that the UK Intellectual Property Office (IPO) will now examine trade mark applications to see if the mark is distinctive and suitable for registration as now - but they will no longer check if someone else has the same or similar name. This means that unless trade mark owners are watching out for new registrations by competitors and others, they may find someone registers their name as a mark.

However, companies can oppose an application for registration of their own name or a similar name but that will occur only if they notice it is going through. This makes the UK system similar to that applying in the other 26 EU states which are part of the Community Trade Mark system. Many UK trade mark owners also apply for Community Trade Marks, which provide one mark protecting them in 27 EU states. Under the CTM system 25% of marks which are applied for are opposed but currently in the UK it is only 5%. It is likely that oppositions will also rise in the UK under this new system.

However, the IPO will notify applicants if it notices an overlap with an existing mark. There is also a system where existing owners can pay to use notification services. Contact us if you have any trade mark or similar issues. Call Nick on 01494 521301.