The examination procedures that the UK Intellectual Property Office (UK-IPO) uses to assess trade mark applications will undergo a major change next month.
From 1st October 2007 the UK-IPO will no longer refuse registration for a new trade mark application on the grounds that it is confusingly similar to an earlier registration or application.
The UK-IPO trade mark examiners will still search the trade marks registers as part of the examination process, but if the examiner finds any earlier conflicting marks they will no longer raise an objection on that basis. Instead, the examiner will report the existence of the earlier trade mark to the applicant, who can then choose to continue with the application, restrict the list of goods and services to try to overcome the conflict with the earlier mark, or withdraw their application.
If the applicant decides to continue with the application, the UK-IPO will write to the owners of the earlier conflicting trade marks identified in the search. The owners of earlier UK marks will be automatically notified if there is a potential conflict between their mark and a later filed application, but the owners of European Community trade marks will need to "opt-in" to the UK notification system. We will shortly be writing to all of our clients who are the proprietors of Community trade marks to ask if they wish to opt in to the UK notification system.
When the trade mark application is advertised, the owners of any earlier trade marks or rights can file an opposition in the same manner as is currently available. If the opposition is successful the applicant could be liable for the opponent’s costs. | 
