As we have heard, Section 5 of the Trade Marks Act states that a trade mark shall not be registered if it is identical or similar to an earlier trade mark. The order provides that the registrar will no longer refuse to register a trade mark on relative grounds unless the proprietor of the earlier trade mark or other earlier right objects on any such ground in opposition proceedings.
I would like to make two points and ask a question at the end. The change represents a significant new burden for mark holders. They will be the ones on whom the onus lies to check and ensure that entries on the register will not conflict with their existing property. Small businesses could face an unfair and disproportionate burden compared with their larger competitors, especially if they have to monitor not only this country's register, but that of every nation. Can the Minister give me some clarification on that?
Trade Marks (Relative Grounds) Order 2007
Proceeding contribution from
Baroness Wilcox
(Conservative)
in the House of Lords on Tuesday, 26 June 2007.
It occurred during Debates on delegated legislation on Trade Marks (Relative Grounds) Order 2007.
Type
Proceeding contribution
Reference
693 c2-3GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
Librarians' tools
Timestamp
2023-12-15 12:48:10 +0000
URI
http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_405467
In Indexing
http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_405467
In Solr
https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_405467