Proposed legislative changes to relative grounds for refusal

The consultation sets out how the Registrar of Trade Marks will no longer refuse to register a new trade mark application in the face of an earlier conflicting trade mark unless the owner of the earlier mark successfully opposes the new application. The Registrar's examiners would, nevertheless, still conduct a search as part of the examination process and would inform both the applicant for registration of the results of the search and also the owners of earlier conflicting trade marks identified in it if, and when, the application proceeds to publication. Consideration has been given to the legislative changes required to bring this policy into practice. The consultation document sets out draft legislation to show how the new regime will operate.

The consultation is directed to any individual or body especially from those who make use of (or intend to make use of) the UK trade mark registration system.