Four EU states opt out of Community Trademark search system
The UK, Ireland, Sweden and Portugal will no longer carry out searches for national trademarks that could conflict with applications for Community Trademarks.
From January 2009 onwards, trademark applicants who file a request for a national search of Community Trademark databases, will only have access to trademark databases in 12 EU countries. The cost of the search will be €144, down from €192, and will be paid to the Office of Harmonisation in the Internal Market, who will conduct a single search across all participating states.
Searches of national trademarks were made available to Community Trademark applicants in March 2008 to allow them to pre-empt the registration of conflicting marks. Participation in the scheme by national trademark offices was voluntary.
According to the IP consultancy firm Rouse, the search offered to applicants was basic and costly. "Even in participating Member States, the results are only a guide," said a statement from Rouse. "They do not show unregistered rights, and do not indicate which, if any, earlier proprietors will object to the later application.
"The decision whether or not to request national searches will require a consideration of the potential advantages, compared to the cost. We have seen very few cases since March where applicants have requested the national trademark searches and we anticipate even fewer requests following this latest development."
