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.
