Until recently, the Intellectual Property Office (“IPO”) would refuse to register a trademark application if a search of the trademark register revealed a trademark that was conflicting or very similar to the trademark being applied for. Now, the IPO does not carry out such a search and will only refuse to register a trademark if the holder of the earlier trademark successfully opposes the application.
The IPO publishes the trademark being applied for in its online journal and an objector has 2 months from the date of publishing to challenge the application. This period may be extended to 3 months if a challenger files a notice of threatened opposition within the initial 2 months.
It is therefore more important than ever for trademark owners to monitor applications for trademarks to ensure that their businesses’ goodwill and reputation is properly protected.
You can view the ICO online journal at the webpage at the following address:
http://www.ipo.gov.uk/types/tm/t-os/t-tmj/journals/6831/domestic/t-tmj-domestic-6831.html
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