New system makes it easier for businesses who want to launch new products and protect them with UK trademarks. But what about the owners of earlier and potentially conflicting trademarks?

The UK Intellectual Property Office has changed its examination procedures and opted for a more simplified process. The new system centers on this: The UKIPO will no longer refuse to register a new trademark application because of a preceding and conflicting trademark – unless the owner of the earlier trademark successfully opposes the new application.

The UKIPO will still search relevant registers as part of the examination process and will forward the results to the applicant. But if the examiner thinks that the new trademark may potentially conflict with earlier trademark rights, the applicant must choose between continuing with the application, narrowing the scope of goods and services to try to resolve the conflict, or withdrawing the application.

If the applicant decides to proceed with the application, the UKIPO will automatically notify UK owners of the earlier trademark identified in the search when the application is published in the Trade Marks Journal (EU owners will have to "opt in" by completing the electronic form TM6 and paying the relevant fee). Once the new trademark application is advertised in the Journal, the owners of the original trademark may oppose the application if they think it infringes on their rights. If they succeed, the applicant may be liable for costs and may not get their mark registered.

Intellectual Property and Quality Minister Lord Triesman hailed the changes, saying, "The new system will make it easier for businesses wanting to launch new products and protect them with UK trademarks. It will also help users by aligning the UK regime with the European one."

But what's the impact on the trademark owners? The new procedure means that the UKIPO, which previously was able to raise an objection if it determined that a potential trademark conflict existed, will no longer regulate trademarks. Thus, the burden of opposing applications that infringe on earlier trademarks – and the costs associated with it – falls on their rights owners, who now must be on constant alert for potentially conflicting trademark applications.

And that's just for UK trademark owners. EU owners face even more drawbacks because unless they "opt in" to the new system on time, they will not be informed of potentially conflicting (and damaging) trademark applications. The result could be a lot of shrewd applicants taking advantage of this situation and filing trademark applications in the UK – with EU owners who haven't opted in totally unawares.

Yes, the UK's new trademark law may serve new product owners well. But trademark owners would be well advised to keep their guard up and keep a watchful eye on the trademark registration scene.