EUIPO – New Trade Mark Pre-Assessment Tool
EUIPO has introduced a new online Pre-Assessment Tool (“Early TM Screening”) designed to provide an early indication of potential issues before filing a trade mark application.
As a general rule for a trade mark to be acceptable, it must be free from potential conflicts with earlier marks and comply with applicable legal requirements.
Therefore, this tool mainly helps users identify (i) possible conflicts with existing trade marks, and (ii) potential acceptability concerns (e.g. descriptiveness or lack of distinctiveness) under EUIPO practice.
Functionality of the Tool
After entering the main details of the trade mark (e.g., name, Nice classes, goods and services, etc.), the system displays, on the left panel, a menu comprising action buttons, such as access to potential conflicting trade marks and a section indicating the acceptability assessment of the proposed trade mark.
On the right side, a list is shown containing detailed information on each potentially conflicting mark, including the application number, trade mark name, application date, status, owner name, and the office of registration.
The results are automatically generated, purely informative, and non-exhaustive. During the webinar, EUIPO repeatedly emphasised the importance of consulting a qualified IP professional before relying on the outcome or proceeding with a filing.
Once the screening results are displayed, users can adjust the trade mark details (name, classes, goods/services, or offices) and use the action buttons to save, review, or proceed with their pre-assessment results.
How Can You Use the Early TM Screening Tool
1 - Enter Trademark Details: Begin by entering your trademark and selecting the relevant goods and services. You can enter either a word-based trademark or a figurative mark.
2 - Run the Screening: Execute the check and review the results. If the tool highlights potential issues with your trademark, you can decide whether to adjust your application to resolve conflicts or proceed as is. The tool also allows you to edit your entries and re-run the screening as needed.
3 - Evaluate and Decide: Review the flagged points and determine your next steps regarding the trademark application.
Note: You can also download the full report summarising all sections of the pre-assessment. The PDF reflects the latest on-screen view, so it must be refreshed after any changes made within the tool.
Key Takeaway
The Early TM Screening tool is a useful first step for users seeking to assess the potential registrability of a trade mark before filing. It provides an early indication of possible risks, conflicts, and acceptability issues.
Please note that this tool is provided for informational purposes solely. It does not encompass all potential scenarios, and the absence of flagged conflicts should not be construed as a guarantee that a mark is entirely devoid of issues. Professional legal advice should be obtained prior to submitting any official filing.
The AI-based tool is a preliminary assessment mechanism and should not be relied upon fully for a definitive opinion on a trademark's registrability.
The tool functions as an advanced similarity and distinctiveness checker, providing applicants and representatives with an early indication of potential obstacles before the formal application review begins. This non-binding, pre-assessment result is intended to help applicants refine their goods and services specifications or adjust their mark before incurring the full application costs and time.
A core principle highlighted in the webinar is that the results of the Early TM Screening do not influence the final legal decision regarding the registration of the trade mark. For the foreseeable future, the ultimate authority and responsibility for granting or rejecting a trade mark application will continue to reside with a human examiner.
In summary, the EUIPO's new AI tool is a valuable assistant to the process, speeding up the preliminary search and assessment. Still, the final, authoritative judgment remains firmly in the hands of a qualified human professional.
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The content of this article was developed following the participation of the Legally Remote team in the EUIPO Webinar – New Tool for Trade Mark Pre-Assessment, and has a strictly informative and general purpose; the information contained does not constitute legal advice.
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