CTM files generally contain all correspondence exchanged between
a CTM owner or its agent and the Office, properly called the Office
for Harmonization in the Internal Market and better known as OHIM.
Correspondence relating to CTMs filed after 1st January 2004 is now
available electronically.
Lee Curtis, a trade mark attorney with Pinsent Masons, the law
firm behind OUT-LAW.COM, said: "For the first time you can view
with ease what has been said on a particular CTM application or
registration during its prosecution, which will be of assistance in
opposition, invalidity and infringement proceedings."
Confidential documents and documents relating to unpublished CTM
applications are not publicly viewable. Other documents will be
made available in an average of two working days after being
received, according to OHIM.
Although files relating to published Community Trade Mark
Applications and Registrations have been open to public inspection
since the inception of OHIM in 1996 via a faxback service, the
online access tool is expected to be of great assistance to those
dealing with CTM rights, such as IP lawyers, trade mark attorneys
and trade mark owners.
For UK Intellectual Property Office files, only basic
information is available without charge and online. Correspondence
in relation to published applications and registrations is,
however, available using a faxback service, via the post or by
visiting the UKIPO in person.
