The OHIM carries out partial search for earlier trademarks however does not examine them. Since existence of earlier similar mark may constitute relative ground for refusal, the holder of the earlier trademark may hinder the registration. The opposition is provided therefore. It can be submitted within 3 months after the day of publication of the EUTM application. This publication should be observed by the holder. Trademark watching helps this monitoring. Generally after 5 years from the registration proof for the use of the earlier mark may be requested in connection with goods/services the opposition is based upon.
The following considered as an earlier right:
The EUTM application or the EUTM will be refused on the basis of an earlier mark: