Goodbye to relative grounds examination | Practical Law

Goodbye to relative grounds examination | Practical Law

On 1 October 2007, a new system for trade mark applications will be introduced. As a result, trade mark owners will be responsible for monitoring and enforcing their rights (as is already the case in respect of Community trade marks). This article examines the reasons for reform, sets out the new system for notifying trade mark owners of applications for conflicting marks, and explains who should opt into this system and how to go about it. It also looks at the advantages and disadvantages of the new rules from the perspective of trade mark owners, and lists practical steps to ensure that they take the full benefit of the changes.

Goodbye to relative grounds examination

Practical Law UK Legal Update 8-376-3723 (Approx. 6 pages)

Goodbye to relative grounds examination

by Neville Cordell and Emma Blake, DLA Piper UK LLP
Law stated as at 27 Sep 2007
On 1 October 2007, a new system for trade mark applications will be introduced. As a result, trade mark owners will be responsible for monitoring and enforcing their rights (as is already the case in respect of Community trade marks). This article examines the reasons for reform, sets out the new system for notifying trade mark owners of applications for conflicting marks, and explains who should opt into this system and how to go about it. It also looks at the advantages and disadvantages of the new rules from the perspective of trade mark owners, and lists practical steps to ensure that they take the full benefit of the changes.