Community Trade Mark Searching

Cheaper applications now possible if no national searching is carried out

The drawing up of national search reports for all CTM applications filed on or after 10 March 2008 has become optional. After this date, Applicants will only receive national search reports if an explicit request is made. An additional search fee is also payable. For CTM applications filed directly with OHIM, the request must be made on filing.

The 'Old' Procedure

For CTMs filed before 10 March 2008, applicants paid a single fee. National search reports would be drawn up by the participating national offices and forwarded to OHIM. OHIM would also draw up their own Search Report of relevant CTM applications and forward the bundle of reports to the Applicant. The revision of the CTM Regulation made national search reports optional. Thus they will now be produced only if requested and on payment of an additional Search Fee.

The 'New' Search Procedure

The cost for e-filing a new CTM application in up to three classes is £1125 (+VAT). If a request for national searches is not made, no national search reports will be drawn up. OHIM will still produce a Community search report of relevant CTMs and the proprietors of cited marks will still receive the associated warning letters. The Community search report should be issued faster. Otherwise the application procedure remains unchanged. If national searches are requested the applicant will also receive reports from the participating national offices.

Requesting National Searches

When a CTM application is filed directly at OHIM, a request for national searches must be made on filing. The additional cost is £225 (+VAT) and is due with the application fee. The participating national offices are required to produce their reports within a shortened period of two-months. The search reports are also required to include minimum information. Applicants designating the CTM through the Madrid Protocol must file the request and fee directly at OHIM within a month of the file being received at OHIM.

Benefits of Requesting National Searches

The harmonisation of the national search reports require an indication of the classes and representations of the mark to now be given along with filing and registration details of the marks and details of the proprietor. Applicants who are interested in national searches are advised to indicate this option with their filing instructions. This should improve the usefulness of the national search reports in helping applicants identify possible oppositions and/or infringement risks based on national marks. Applicants who are interested in national searches are advised to indicate this option with their filing instructions.