Future of relative grounds examination

The pre-consultation wishes to establish whether the law should continue to require the registrar of trade marks to examine new applications in order to identify any conflict with earlier trade marks in different ownership and, if so, to refuse registration of the later trade mark. This is usually called examination on ‘relative’ grounds in order to distinguish it from the separate examination of applications that is intended to prevent marks from being registered which are inherently unsuitable to be the subject of an exclusive trade mark property right: the so-called absolute grounds for refusal. The Office wishes to take a view on whether this and/or other changes should be made to the legal procedure for dealing with these maters.

The consultation is directed to all interested parties.