Companies (Trademark Names)

HC Deb 19 October 1998 vol 317 c1035W

Mr. Sayeed

To ask the Secretary of State for Trade and Industry what is the procedure to be followed by a foreign company applying to register a trademark name currently used by a British company. [54709]

Dr. Howells

The procedure for registering a trade mark in the UK is defined by the Trade Marks Act 1994. Anyone can apply for registration, but any applicant must be using or intend to use the mark in the United Kingdom. However, a mark is registered only when the Trade Marks Registry has established that there is not a conflict with earlier marks. Where conflicts with earlier marks are identified it may be possible for the application to proceed to registrations by use of the provisions in Article 37 of the Trade Marks Act 1994. These provisions include restricting the goods and/or services for the mark applied for, or demonstrating honest concurrent use of the mark applied for with the earlier mark.

Further information on the trade mark application process is available from the Trade Mark Registry¹ at the Patent Office.

¹ Contact: Raol Colombo, The Patent Office, Concept House, Cardiff Road, Newport, NP9 1RH Telephone[phone] Fax[phone] e-mail: [e-mail]