Trademark Search - Online Requesting

Trademark Search

The European Union provides for protection of trademarks registered according to various procedures:

- Community trademarks, registered in the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain.

- International trademarks, registered according to the Madrid system of trademark registration (according to the Madrid Protocol) with indication of separate countries or the whole EU.

- National trademarks, registered in the national trademark offices of the EU.

When registering Community trademark OHIM does not conduct examination on relative grounds checking the existence of earlier registrations identical or similar to the applied for application. The owner of the earlier similar trademark registered according to the above-mentioned procedures can file an opposition against CTM registration.

 

Purposes of conducting the search

to decide on wording, contents, representation of the mark and the list of goods/services.

Registration procedure provides for the search amongst registered CTM. If marks similar or identical to the applied for CTM are found, OHIM forwards the results of such search to their owners. The owners are entitled to file an opposition against CTM registration. According to the results of the preliminary search it is possible to exclude the possibility of opposition filing: to limit the list of goods/services, to add some graphic element or to reshape the mark.  

to decide on the reasonability of trademark application filing

As a result of the search the marks identical or similar to the applied for trademark with the identical list of goods/services can be found. In this case the risk is very high and, probably, it is reasonable to refuse from registration of CTM in favour of registration of national marks in separate member states.

to find out trademarks that infringe CTM owner’s rights.

As OHIM and some other trademark offices of the member states conduct partial examination, registration of some trademarks can infringe the rights of the owners of the earlier trademark registrations. The owner of CTM can file an opposition against the found registrations, if the deadline for filing the opposition had not been missed or to turn to court with the request for cancellation of the trademarks that infringe its rights.

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