whats the good and bad about relative grounds for refusal in the trade marks act 1994?

Question

in the uk

Answer 1

Refusing a mark on relative grounds is becoming less interesting for Patent Offices worldwide and a number of offices including the U.K. are abolishing it. It is going to happen in October for you if I am correct.

The good thing was, of course, elimination of obvious trade marks that were similar or identical to existing marks.

The reason that it is better not to have this is, simply, it left a false security for trade mark owners that they would not have to keep an eye on future applications for possible infringement on their rights. This is dangerous as U.K. trade mark owners also needed to keep an eye on the WIPO (International) trade mark database as well as that of OHIM (European Union) where marks were being applied for and registered that would be effective in the United Kingdom.

Now, with the rule changes, trade mark owners are becoming more interested in assigning a valid Watch on their marks to be sure no similar marks are being applied for.

Answer 2

Refusal in the grant of trademarks must be with valid reasons such as similarity to an existing registered trademark in order not to confuse the customers.