The EU is a “first-to-file” community, where few trademark offices conduct any searches for earlier rights (e.g., citations) during examination of a proposed mark. Therefore, the screening of newly-filed applications, and prevention of similar trademarks from being registered through opposition procedures, depends largely upon current trademark owners.

Since the inception of the CTM, GEVERS has recommended its clients to always consider having a watch service for their Community and national trademarks. If no objections are filed, a mark identical to an existing mark could be registered for the same goods or services.

If a similar or identical mark should be applied for goods and services that you have protected, please consult with us about the possibility of opposing the mark. It might still be possible to file a cancellation action against such a mark, even if it has already been registered.