Search Reports
We enclose a copy of the search report sent to us in relation to your European Union Trade Mark (EUTM) application. Note that the search report only covers the European Union Trade Mark register and is not therefore a reliable indication of potential obstacles to your application or of marks which may pose an infringement risk to your business activities. You should therefore read the report and this sheet in detail and consider whether you require further advice from us, as discussed below.
What to consider
The search report contains the results of a search of earlier EUTM applications and registrations which the EUIPO consider may potentially conflict with your mark. EUIPO will notify the owner of any such earlier EUTM applications or registrations about your EUTM application.
We have not yet studied the contents of this search report because that could involve time and expense which may not be justified, as we will explain below. We do not want to incur significant costs in analysing the results of the search without your specific instructions.
In considering the search report, you should note that EUIPO will NOT itself object to your EUTM application based on the marks in the search report. No objection arises unless the proprietors of earlier national and/or EUTMs and/or other rights actively object by way of opposition. Thus, the marks found by the attached search have not been "cited" against your EUTM application and cannot, in themselves, prevent EUIPO from accepting it.
It may be that proprietors of the cited EUTMs will oppose your application, there is no way of knowing whether or not they will do so. More importantly, you should note that a conflicting EUTM may represent an infringement risk in the EU.
Furthermore searches have not been carried out for conflicting marks on the national registers in the European Union or the Benelux Register. A conflicting national mark also represents a potential infringement risk and a possible basis for opposition to your EUTM application.
Therefore, whilst it is possible to analyse the results of the search in detail at this stage, the most that such an analysis will provide is an identification of some, but not necessarily all, possible conflicting marks.
Note that, unlike the notification procedure for alerting the owners of the EUTMs stated in the report of the existence of your application, there are no official procedures for the owners of possibly conflicting prior national rights to be notified of your EUTM application. However they may become aware of it, for example through a trade mark watch.
Possible National and Benelux Searches
Prior to entering the market in a particular country searches should be carried out and if appropriate local advice obtained to ascertain the risk of conflict with existing rights. We can assist with such searches.
The timing and the extent of the proposed use of your mark may determine whether further searching is advisable, and at what point.
Procedure
Unless there have been objections on absolute grounds which have not yet been dealt with, your mark will soon be published in the Official Gazette and other people will then have a fixed period of three months within which to oppose your application if they so wish. Once this time has passed, your EUTM can be registered, assuming that no objections have arisen. (Note that the procedure for designations of the EUTM under the Madrid Protocol is somewhat different; please see our separate information sheet for details.)