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Procedure for filing and prosecuting a Community Trade Mark (CTM) Application:

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Prior to filing a new Trade Mark Application or commencing use of a Trade Mark in the UK, Albright Patents strongly recommend that Trade Mark searches are conducted for potentially conflicting Trade Marks. We should be pleased to advise further in this regard upon request.

Filing/Priority

Albright Patents will prepare and file a CTM Application at the Office for Harmonization in the Internal Market (OHIM). We advise regarding the most appropriate Classes of goods/services and draft a specification. Priority can be claimed within 6 months of the earliest corresponding Application.

Filing Receipt

After the Application has been filed, an official filing receipt will be issued. Albright Patents will check that the Application details have been captured accurately by OHIM and report the same to you.

Examination

OHIM conducts a two stage examination: -

Formalities/Classification
Absolute grounds (i.e. an assessment of whether the Trade Mark applied for is descriptive, non-distinctive or customary in the relevant trade).

Unlike the United Kingdom Intellectual Property Office (UKIPO), OHIM does not carry out a relative grounds search for earlier conflicting Trade Mark Applications/Registrations. Instead, the onus falls to concerned Proprietors to file opposition during the publication period. For this reason, it is important that Proprietors operate independent Trade Mark watches. We offer competitive tariffs for UK, EU or worldwide Trade Mark watches.

National Search Reports

As part of the CTM Application procedure, 12 of the 27 EU Member State Trade Mark Offices conduct searches of their national Trade Mark Registers and forward the search results to the Application for information. Searches are conducted by the Trade Mark Registries in Austria, Bulgaria, the Czech Republic, Denmark, Finland, Greece, Hungary, Ireland, Lithuania, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden and the UK. With the exception of the search carried out by OHIM of the CTM Register, receipt of these search results is optional and subject to payment of additional fees on filing (£220 plus VAT). Whilst these search results are not very comprehensive, they are still a cost effective way to obtain an overview of 12 National Registers and to identify problems. Please advise us on filing if you would like to receive these search reports.

Publication

If no Examination objection is raised or any objection overcome, the CTM Application will be published in the Community Trade Marks Bulletin for a period of three months. During this time, third parties can file opposition on the basis of, inter alia, prior registered or unregistered rights. In addition to checking that the publication details are correct, Albright Patents will monitor whether any opposition is filed. In the event that opposition is received, we will advise on available courses of action, strategy and associated costs.

Registration

If no opposition is raised or any opposition fails, registration will be granted. In a straightforward Application, the registration procedure takes around 10 - 12 months. Albright Patents will monitor receipt of the Registration Certificate, check and forward the same to you

Renewal

A CTM Registration remains in force indefinitely, subject to the Trade Mark being used in relation to the goods/services for which it is registered and the timely payment of renewal fees at ten yearly intervals. Albright Patents will diary the renewal deadline in order that we can try and contact you in advance for instructions about renewal and/or any change of proprietor details.

Costs for CTM Application:

Filing Fees

£1168 plus VAT in up to three Classes (inclusive of £838 official fee)

£240 plus VAT for each Class of goods/services after the third (inclusive of £140 official fee)

If priority is claimed, there will be an additional fee of £50 plus VAT (regardless of the number of Classes). Also, if convention priority documents are late filed, this will incur a charge of £50 plus VAT (regardless of the number of Classes).

Prosecution Fees (Examination/Publication)

In a straightforward case, encountering no examination objection or opposition, additional prosecution costs through the examination and publication stages should not exceed around £175 plus VAT (in up to three Classes) and approximately £20 plus VAT for each additional Class after the third. If examination objection and/or opposition is encountered or the national search results require review and comment, costs will increase. We are happy to provide a cost estimate at the time.

Registration

£160 plus VAT in up to three Classes.

£80 plus VAT for each Class of goods/services after the third.

The above costs include both Albright Patents' fees and OHIM’s fees (at today's rates), if applicable.

All fees are subject to exchange rate fluctuations and our bank charges.

Required Information And Documentation:

In order to file a CTM Application, we require the following: -

A representation of the Trade Mark. If this is a Logo, please let us have an email copy in pdf or jpeg format;
A list of goods/services or information about the Applicant's intended or actual goods/services of interest;
Applicant name and address, including nationality and state of incorporation; and
If applicable, priority details, namely, country, date and Application number of first filing. A certified copy of the priority Application will be required post-filing.

A Power of Attorney is not required.

Section menu Trade Marks Overview Value of Trade Marks UK Trade Marks Community Trade Marks International Trade Marks Foreign Trade Marks	Procedure for filing and prosecuting a Community Trade Mark (CTM) Application: Prior to filing a new Trade Mark Application or commencing use of a Trade Mark in the UK, Albright Patents strongly recommend that Trade Mark searches are conducted for potentially conflicting Trade Marks. We should be pleased to advise further in this regard upon request. Filing/Priority Albright Patents will prepare and file a CTM Application at the Office for Harmonization in the Internal Market (OHIM). We advise regarding the most appropriate Classes of goods/services and draft a specification. Priority can be claimed within 6 months of the earliest corresponding Application. Filing Receipt After the Application has been filed, an official filing receipt will be issued. Albright Patents will check that the Application details have been captured accurately by OHIM and report the same to you. Examination OHIM conducts a two stage examination: - Formalities/Classification Absolute grounds (i.e. an assessment of whether the Trade Mark applied for is descriptive, non-distinctive or customary in the relevant trade). Unlike the United Kingdom Intellectual Property Office (UKIPO), OHIM does not carry out a relative grounds search for earlier conflicting Trade Mark Applications/Registrations. Instead, the onus falls to concerned Proprietors to file opposition during the publication period. For this reason, it is important that Proprietors operate independent Trade Mark watches. We offer competitive tariffs for UK, EU or worldwide Trade Mark watches. National Search Reports As part of the CTM Application procedure, 12 of the 27 EU Member State Trade Mark Offices conduct searches of their national Trade Mark Registers and forward the search results to the Application for information. Searches are conducted by the Trade Mark Registries in Austria, Bulgaria, the Czech Republic, Denmark, Finland, Greece, Hungary, Ireland, Lithuania, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden and the UK. With the exception of the search carried out by OHIM of the CTM Register, receipt of these search results is optional and subject to payment of additional fees on filing (£220 plus VAT). Whilst these search results are not very comprehensive, they are still a cost effective way to obtain an overview of 12 National Registers and to identify problems. Please advise us on filing if you would like to receive these search reports. Publication If no Examination objection is raised or any objection overcome, the CTM Application will be published in the Community Trade Marks Bulletin for a period of three months. During this time, third parties can file opposition on the basis of, inter alia, prior registered or unregistered rights. In addition to checking that the publication details are correct, Albright Patents will monitor whether any opposition is filed. In the event that opposition is received, we will advise on available courses of action, strategy and associated costs. Registration If no opposition is raised or any opposition fails, registration will be granted. In a straightforward Application, the registration procedure takes around 10 - 12 months. Albright Patents will monitor receipt of the Registration Certificate, check and forward the same to you Renewal A CTM Registration remains in force indefinitely, subject to the Trade Mark being used in relation to the goods/services for which it is registered and the timely payment of renewal fees at ten yearly intervals. Albright Patents will diary the renewal deadline in order that we can try and contact you in advance for instructions about renewal and/or any change of proprietor details.
	Costs for CTM Application: Filing Fees £1168 plus VAT in up to three Classes (inclusive of £838 official fee) £240 plus VAT for each Class of goods/services after the third (inclusive of £140 official fee) If priority is claimed, there will be an additional fee of £50 plus VAT (regardless of the number of Classes). Also, if convention priority documents are late filed, this will incur a charge of £50 plus VAT (regardless of the number of Classes). Prosecution Fees (Examination/Publication) In a straightforward case, encountering no examination objection or opposition, additional prosecution costs through the examination and publication stages should not exceed around £175 plus VAT (in up to three Classes) and approximately £20 plus VAT for each additional Class after the third. If examination objection and/or opposition is encountered or the national search results require review and comment, costs will increase. We are happy to provide a cost estimate at the time. Registration £160 plus VAT in up to three Classes. £80 plus VAT for each Class of goods/services after the third. The above costs include both Albright Patents' fees and OHIM’s fees (at today's rates), if applicable. All fees are subject to exchange rate fluctuations and our bank charges.
	Required Information And Documentation: In order to file a CTM Application, we require the following: - A representation of the Trade Mark. If this is a Logo, please let us have an email copy in pdf or jpeg format; A list of goods/services or information about the Applicant's intended or actual goods/services of interest; Applicant name and address, including nationality and state of incorporation; and If applicable, priority details, namely, country, date and Application number of first filing. A certified copy of the priority Application will be required post-filing. A Power of Attorney is not required.