In March 2015 we were contacted by a client, who intends to produce cosmetics and wishes to register a European Union trademark so that he can subsequently distribute the cosmetics he produces on the territory of the member states of the European Union. We acquainted the client with the registration procedure. We advised the client to take the opportunity to submit a trademark application electronically by taking advantage of the Fast Track procedure when filing for trademark registration. The five-step application form is especially suited to the procedure.
However, before proceeding with the trademark application, we conducted a preliminary trademark search whether the trademark would pass the expertise on absolute grounds for refusal and whether there exist similar trademarks. Once the client has provided us with the trademark and after performing the search, we have identified that several similar trademarks have been found that are registered for similar goods and are registered either as European Union trademarks or as national trademarks in the EU Member States. We advised the client not to file this trademark, as opposition will most likely be filed. The client took into account our advice and provided us with a few more names, for which to conduct a trademark search. As a result of our search, it turned out that from the given names, only one of them did not violate earlier rights, so the client decided to develop this name as a trademark. A figurative element was added to the word element and the trademark became a combined trademark containing a word and a figurative element. We filed the application for registration of the trademark by filling and submitting the application form in five steps and choosing goods from Class 3 of the Nice classification and also we paid the state fee. In less than ten days, the mark had passed the expertise on absolute grounds for refusal and was published in the official bulletin. After a few months, the trademark was successfully registered and the client has the ability to designate the cosmetics he produces with the trademark.