Changes to the examination process on relative grounds

We have changed our examination procedures.

We will no longer refuse to register a new trade mark application because of an earlier conflicting trade mark, unless the owner of the earlier mark successfully opposes the new application.

We still search the relevant registers as part of the examination process and send the applicant the results. If the examiner thinks that there may be any potential earlier conflicting marks already on the register, the applicant must choose between continuing with the application, restricting the list of goods and services to try to overcome the clash with the earlier mark, or withdrawing it.

If the applicant decides to continue with the application, we write to the owners of any earlier conflicting marks identified in the search when the application proceeds to publication in the Trade Marks Journal. We then notify the owners of earlier UK marks automatically but EU marks owners need to "opt-in". This can be done by completing our electronic form TM6, subject to the payment of the relevant fee.

When we advertise the mark in the Trade Marks Journal, the owners of any earlier marks or rights can oppose the application if they think that the use of the new mark will infringe their earlier mark or right. If there is a successful opposition, the applicant could be liable for costs and may not be able to get their mark registered.

For information on how these changes affect you, please see our Examination fact sheet (40Kb) or, if you are thinking of opposing, read our Opposition fact sheet.