UK IP Office No Longer Defends Trademarks

European Trademarks, Intellectual Property Protection, Trademark News Comments (0)

The UK Intellectual Property Office has decided today that it will shift responsibilities for existing trademarks from its own office to the owners of existing trademarks. This means that businesses have to behave more proactively if they want to ensure that their trademarks are not to be infringed.

When a new business or person applies a trademark to the UK IP Office, the Office will not defend a trademark that was registered earlier and that will be conflicted by the new trademark. In order to protect an already existing trademark, owners of trademarks will receive notice from the UK IP Office whenever someone applies for a trademark that might cause conflict with the existing trademark. The owner of the existing trademark can then legally oppose the application of the new, conflicting trademark.

The UK IP Office has decided to this change in legislation because it wishes to only examine and grant trademarks on absolute grounds. That means, it will only weigh applications of trademarks on their suitability and distinctiveness for application.

The new legislation will bring the UK trademark procedures more in line with the European Office for Harmonisation in the Internal Market (OHIM), which is based in Alicante, Spain. The OHIM grants European Community Trademarks that apply to the whole European Union.

Source of this article: “Trademark Onus Put on Owners”, Nikki Tait, Financial Times, 1 October 2007

Read more about the UK IP Office at their official Website: www.ipo.gov.uk

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Trademark @ October 1, 2007