EUIPO Launches AI Tool for Early Trade Mark Application Checks

The European Union Intellectual Property Office (EUIPO) has unveiled a new AI-driven tool designed to assist businesses and legal professionals with trade mark applications. The Early Screening Tool aims to provide a fast, automated assessment of potential issues prior to submitting a trade mark application. This initiative is part of the EUIPO’s ongoing efforts to streamline the registration process and reduce complications for applicants.

Functionality of the Early Screening Tool

The Early Screening Tool is designed to identify two main types of potential conflicts. First, it will flag issues related to prior rights, examining earlier European Union Trade Marks (EUTMs), national registrations within the EU, domain names, and company names. Secondly, it will assess descriptiveness and non-distinctiveness concerns, although this particular feature is currently in beta testing.

In terms of prior rights, the tool conducts a term-by-term comparison of the proposed goods or services against existing marks. It aims to highlight which terms are identical, similar, or dissimilar to those covered by earlier registrations. Although this functionality appears promising, early testing indicates that the tool may not consistently deliver reliable comparisons, raising questions about its effectiveness at this stage.

Additionally, the tool displays information on how many times an earlier mark has faced opposition or cancellation requests, as well as instances where it has been used to oppose other marks. This feature could provide valuable insights for applicants navigating the complexities of trade mark law.

Considerations for Users

While the Early Screening Tool presents a potentially useful resource, it should be viewed as an additional check rather than a definitive solution. Unlike commercial search tools such as Saegis, there is currently no evidence that the marks searched will be published or made visible to third parties. Conversely, the EUIPO has not provided explicit assurances regarding the confidentiality or anonymization of the searches conducted using this tool.

Given these uncertainties, it is advisable for users to exercise caution, particularly when dealing with confidential or strategic marks. The EUIPO suggests that the tool might be used occasionally to gain supplementary insights during the clearance process.

More information about the Early Screening Tool and its capabilities can be found on the EUIPO website.