RELATIVE GROUNDS CONSULTATION EXERCISE

The UK Patent Office is undertaking a pre-consultation exercise
on whether the Trade Mark Registrar should continue to conduct examinations of trade marks on the relative grounds. The pre-consultation is designed to identify major issues ahead of a full-scale consultation in 2006. A previous consultation took place in 2001 where 72% of those who expressed a view recommended a further consultation in the future. Since then the opposition system has changed so that where a mark is over 5 years old, the opponent must show use. Also, the Registry has introduced a system of preliminary indications in opposition cases. The pre-consultation only covers relative grounds objections by the Registrar. Rights owners would retain the right to undertake oppositions.

The IPKat says that this would be a major change. The relative grounds examination is one of the more special features of the UK system. It’s a bit of a luxury though and there’s certainly a financial argument instead of leaving it to owners to enforce their earlier rights.