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Protect your trade marks and designs in the European Union

Protect your intellectual property in the European Union

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One way of checking whether or not your trade mark or design has already been registered is to consult the Office’s free search online tools: TMview, DesignView and/or eSearch plus.

The EUIPO offers a similarity report that compiles a list of trade marks that could affect your application. Earlier trade marks could pose a threat to your application. The list takes into account both the trade mark names and the goods and services applied for.
Please note that this list is not exhaustive. Your trade mark could be challenged even if no results were returned.
In addition, the EUIPO’s online databases, eSearch plus and TMview, allow users to search for availability and are both available to all users free of charge.

Yes, if the applicant requested this in the advanced application form. For each EU trade mark application and international registration designating the EU, the Office then draws up a European Union search report during the examination procedure. This report indicates earlier identical or similar EU trade marks and EU trade mark applications and international registrations designating the EU for identical and similar classes of goods and services. The search includes earlier marks with goods and services falling into the same class, as well as into conflicting classes that typically include similar goods and services.
For more information, please consult our registration process section.

No, the EUIPO does not undertake searches on individual request. Private companies, with no commercial link to the EUIPO do.
In addition, eSearch plus, the EUIPO’s online database, and DesignView are both available for all users to make their searches free of charge.
For more information regarding EUIPO databases and tools, please visit the Databases section on our website.
Further information on the RCD registration process.

These reports list any earlier national trade marks, national trade mark applications or trade marks registered under international agreements having effect in the Member State(s) concerned that have been discovered and that may be invoked under Article 8 EUTMR against the registration of the EUTM applied for, or state that the search has revealed no such rights. These reports are subject to the payment of the corresponding search fees.

Holders of IRs designating the EU that wish to apply for national searches must send the request and pay the relevant fee to the Office within 1 month of the date of notification of the IR by WIPO.

A request for national searches implies that all participating national offices will carry out the search. This all-or-nothing approach means that the applicant cannot select the particular participating offices that it wishes to carry out the search.

EU search reports are included in the application fee. National search reports are optional. Both must be requested by the applicant at the time of filing of an EU trade mark application or, for international registrations (IRs) designating the EU, within 1 month after transmission of the file from WIPO to the EUIPO. The fee for National search reports is EUR 12 per participating office.
Since 1 January 2014, six national offices have been taking part in this optional search system and perform searches in their national registers: the Czech Republic, Denmark, Lithuania, Hungary, Romania and Slovakia. The total fee to pay for National search reports is therefore EUR 72.

For further information regarding search reports, see the Guidelines, Part B, Examination, Section 1, Proceedings.

Surveillance letters are sent to the proprietor of earlier EU trade marks or EU trade mark applications that could potentially be colliding with their rights. The letter is purely informative and it should never be deemed to be a finding that a conflict actually exists, or that the marks and goods and services involved are indeed identical or similar. Such a finding may only be made through a final decision in opposition or cancellation proceedings within the EUIPO.

For further information regarding this matter, see the Guidelines, Part B, Examination, Section 1, Proceedings.

EURid is a non-profit organisation appointed by the European Commission to manage the .eu domain name. It also plays an active role in protecting .eu domain holders’ rights against fraud.
News regarding .eu domains.

The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.

For more information about how the Office handles your personal data, please consult the Data Protection Statement.
 

Page last updated 14-03-2019
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