National search reports for CTM applications optional

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5.2.2008

National search reports for CTM applications optional and subject to a fee as from 10 March 2008

National search reports issued by the European Community Trademark Office (OHIM), showing whether a Community Trademark being applied for is similar to trademarks already existing in individual EU member states, will become optional as from 10 March 2008. In the new system, search reports will be issued only if the applicant files a request for national searches at the time of filing the CTM application.

The searches will be carried out in 16 member state offices as previously. Eleven out of the 27 EU member states do not perform any national search. A separate fee must also be paid for the national searches. Its amount will be determined in the near future, before the new system takes effect.

If a request for national searches is made, all 16 offices in which national searches are also currently carried out will deliver their search reports. This means that it is not possible to select search reports of only some member states.

It shall be noted, however, that the European Community Trademark Office's own search reports and warning letters will continue to be sent as previously without a separate request and without an official fee.

For further information on this topic, please see the OHIM’s website at oami.europa.eu/en/news.htm. Our trademark attorneys will also be pleased to answer your questions.