Documents
Cross-searching
When we search our register for earlier marks which may be the same or similar to your mark, we only look in classes that may contain the same or similar goods or services to those in your application.
If we do find an earlier mark we will tell you and, if you decide to continue with the application, we will write to the owners of any earlier conflicting marks identified in the search when the application proceeds to publication in the Trade Marks Journal. We will notify the owners of earlier UK marks automatically but EU marks owners will need to opt-in by completing form TM6.
Our cross-search list sets out those classes in which we would normally consider searching. The list is not exhaustive - we will use our discretion to decide exactly in which classes to search.It is intended as a guide only. The list is not exhaustive - we will use our discretion to decide exactly in which classes to search.
How does the cross search list work?
The application class number takes you to another page which lists the Search Classes together with the goods and/or services within each class, which may be the same or similar to the goods and/or services in your application.
Example of how to search for potential conflict
·Class 11 lists 'Class 21 -- Cooking utensils’.
Then go to Class 21 where you will see 'Class 11 - Electrically heated cooking utensils’.
This means you would probably only consider there is a conflict between these Classes in respect of those specific goods. If they are not listed in a specification, there is no clash.
Retailing versus goods
Applications in Class 35 that include services connected to retailing should indicate the type of goods that are sold. When we carry out a search for earlier marks we will include the appropriate Classes for those goods.We should only tell you about existing marks when their distinctive and dominant elements are identical, or nearly identical.
Use our cross search list to find classes that contain the same or similar goods or services to the classes you have applied for.