The examination process is significant because a new trade mark
application which clashes with earlier registrations can be refused
by the Patent Office.
The consultation on this process, known as examination on
"relative" grounds, details five options for a future system which
the Patent Office hope will lead to a settled examination regime
and an accessible system for all its users.
Lee Curtis, a Trade Mark Attorney at Pinsent Masons, the law
firm behind OUT-LAW.COM, said the consultation is part of an
attempt to streamline the registration process in the UK. "As a
result, it would be quicker and cheaper," he said.
But Lee warned that small businesses have to accept that, if the
relative grounds examination is removed, the costs of enforcing
trade mark registrations may rise.
"Parties can contest the validity of trade mark registrations
through the courts and the Patent Office," he said. "If the
relative examination is removed, registrations will have proceeded
to grant without a full examination. Is that really what they
want?"
Notwithstanding, Lee urges all businesses, large or small, to
consider registering their brands. "The name of your firm or
product is often one of the most valuable assets of your business,"
he said.
The consultation will be open until 17th May 2006.
