New code of duties for directors

Firms in Nottinghamshire are being warned that they could lose control of their trademarks because of new regulations unless they take action now to protect themselves.

The problem arises because the way trademarks are monitored is changing to the European system which requires firms to be more vigilant.

In the past, a trademark application would automatically be blocked by the Patent Office if it was considered to be too similar to an existing mark. That is no longer the case because of new regulations introduced on 1st October.

The new UK Intellectual Property Office, which has replaced the Patent Office, will no longer block applications but merely inform the existing brand holder that someone else is try to register a similar trademark.

It will then be up to the existing holder to formally oppose the application.

Faizal Essat, intellectual property specialist at Andersons solicitors in Nottingham, says the new system means companies will have to be more pro-active in protecting their brand.

“The problem is even worse for the owners of European and international trade marks. Only companies with UK-registered trade marks will be automatically notified if there’s a rival application. Those with trade marks registered elsewhere won’t be informed at all unless they subscribe to the IPO’s notification service.”

The subscription costs £50 and lasts for three years.

Mr Essat said: “The IPO has asked that applications for the notification service should be filed before October 20 so firms need to hurry if they want to ensure they are fully protected.”

Faizal Essat is a Intellectual Property expert at Andersons Solicitors and can be contacted on 0115 988 6714 or by emailing fessat@andersonssolicitors.co.uk.