An application may be filed with OHIM or at a designated office of a Member State of the European Union.
The application is examined as to formal requirements.
The application is also examined as to absolute grounds and, if objections are raised to the application, the applicant is provided with the opportunity to amend the application, or submit observations.
The OHIM will issue a search report citing earlier Community trade marks and informs the national offices - which may also carry out a search for national registered marks. The OHIM will not object to the application on the basis of the report and the applicant is under no obligation to withdraw the application in the event of a conflicting mark appearing in the report.
The OHIM informs proprietors of earlier marks cited in the report of the existence of the application and a proprietor of an earlier registration may then oppose registration of the mark on the basis of the earlier registration. Opposition proceedings may be commenced within three months of publication of a Community trade mark registration.
For further information, please contact us via eMail or get in touch with our German Office.