Examination on relative grounds
Trade Mark applications are no longer refused registration because of an earlier conflicting trade mark unless the owner of the earlier mark successfully opposes the new trade mark application.
The UK, Irish, or Community Trade Mark procedures begin with a search of the relevant registers. If the examiner thinks that there may be any potential earlier conflicting marks already on the register, the applicant must choose between continuing with the application, restricting the list of goods and services to try to overcome the clash with the earlier mark, or withdrawing the application.
If the applicant decides to continue with the application, the UK and Community Trade Marks Office will write to the owners of any earlier conflicting marks identified in the search when the application proceeds to publication in the Trade Marks Journal.
Publication for opposition purposes
When your mark is advertised in the Trade Marks Journal, the owners of any earlier marks or rights can oppose the application if they think that the use of the new mark will infringe their earlier mark or right.
