Prior to using or registering a new Community trademark,  searches should be carried out to check that your trademark is free for use and registration.

We will conduct a free trademark search for IDENTICAL trademarks on the Community Trade Mark (CTM) Register. Please email your trademark and a list of goods and/or services of interest to Katie Oliver (koliver@albrightpatents.co.uk) or Amie Jordan (ajordan@albrightpatents.co.uk) and we will do this free search for you. Alternatively, use the enquiry form on the left hand side and we will get back to you.

If more detailed full clearance searches for confusingly similar trademarks are required, we offer a range of search packages and can advise upon the most appropriate package for you, along with costs.

In addition to registered trademark searches, Albright Patents encourages you to undertake
your own investigation into the use of “unregistered” Trade Marks, for example, on the
Internet, Yellow Pages, at Companies House and on Social Media sites such as Facebook®and Twitter®.

In order to file your Community trademark application, we require: -

• A copy of your trademark (jpeg images are preferable, if you are protecting a Logo);
• Applicant name and address (this may be a natural person/persons or a legal entity, such as a Limited Liability Partnership (LLP) or a company); and
• a list of the goods and/or services in relation to which the Trade Mark is used or intended to be used. 

If the application claims “priority” from a corresponding foreign trademark application, please provide the filing date, application number and country of first filing.

An official filing receipt is issued by the Community Trade Mark Office (OHIM) immediately. The filing receipt confirms the filing date, the trademark and the goods and/or services applied for and allocates an application number.

A CTM Application undergoes a two stage examination:

• Formalities/classification; and
• Absolute grounds (i.e. an assessment of whether the trademark applied for is descriptive, non-distinctive or customary in the relevant trade). It should be considered that the EU has 23 official languages and as such, any word elements will be considered in all languages. Therefore, if a word is descriptive in any of the official languages, it may be refused.

If Examination objection is raised, Albright Patents can advise upon the most appropriate course of action.

As part of the application procedure, the CTM Office conducts a search of the CTM Register for earlier identical or similar trademarks. The results of this search are sent to the CTM applicant for information and the CTM Office notifies the earlier trademark proprietors of the later application. The holders of any earlier rights will have the opportunity to object to the registration of a later trademark during the publication period.

Once the examination stage has been completed, the application will be published in the
online Official Journal. This three month period is an opportunity for third parties to file
opposition based upon, inter alia, prior registered or unregistered rights. Opposition against a CTM application may only be made of the basis of earlier rights: -

• the trademark applied for is identical with an earlier trademark and for identical goods or services as the earlier mark;
• the trademark applied for is identical with an earlier trademark and for similar goods or services as the earlier mark;
• the trademark applied for is similar to an eariler trademark and for identical or similar goods or services as the earlier mark;
• the trademark applied for is identical or similar to an earlier trademark which has a reputation;

The opposition rate against a CTM application is higher than that of UK applications. This is largely because the holder of an earlier CTM registration or earlier national trademark registration from any of the EU Member States may oppose a later CTM.

After publication, if the application is accepted for registration, the Certificate of Registration will be issued by the Community Trade Mark Office. This document confirms the registration details and includes a representation of the trademark, the goods and sevices covered and also, the filing and registration dates. CTM Registration Certificates are now issued electronically and can be downloaded from the Community Trade Mark Office website.

Once the CTM application has registered you may use the ® symbol to indicate that your trademark is now registered. This cannot be used until the trademark is registered.

You may also wish to state "YOUR TRADEMARK is a Registered Community Trade Mark of PROPRIETOR". This alerts others to your rights and can act as a deterrent to infringement.

A Community trademark registration lasts forever, provided that it is renewed every 10 years and that it is used in the EU in relation to the goods or services for which it is registered. A Community trademark registration can be subject to action for revocation for non-use, five years after registration.

Albright Patents will ensure that all renewal deadlines are diaried and will remind you when renewal is due - ensuring that your rights are maintained.