The changes to the UK trademark application process highlighted in our e-bulletin on 19th June came into force on 1st October. This means that the Trade Mark Registry will no longer automatically reject an application which may conflict with an existing mark. The Trade Mark Registry will now simply notify holders of existing marks with which the new mark may conflict and allow the holder to decide whether to oppose the application or not.
Holders of UK trade marks will be notified automatically but holders of Community Trade Marks (CTMs) or international marks must opt in to the notification system in order to receive notification of potentially conflicting applications. In order to obtain full notification of all applications submitted after 1st October, holders of CTMs or international marks must opt in before 20th October.
To opt in you must complete the TM6 form which is available from the UK Intellectual Property Office website at www.ukipo.gov.uk. Opting in costs £50 and will last for three years. Full instructions are also contained on the UK-IPO website.