Inspection of files and copies

After the publication of the Community trade mark application in the Community Trade Marks Bulletin or the publication of the design in the Community Designs Bulletin, the files relating to the application and the resulting trade mark or design may be inspected on request. An application for inspection may be made by the CTM applicant/proprietor, the RCD applicant/holder, or the representative of either of those parties, at any time during the registration procedure and after registration. It is not obligatory to have a representative in order to file a request for inspection.

Inspection of files relates to any of the following documents:

Copy of the application for a Community trade mark
Copy of the application for a registered Community design
Copy of the registration certificate
Extract from the database containing Community trade mark applications
Extract from the database containing Community design applications
Extract from the Register of Community trade marks
Extract from the Register of Community designs
Copy of all documents contained in the file
Request for information in a file
Inspection of a file in situ

Alternatively, electronic certified copies of application requests and CTM registration certificates can also be obtained through the CTM ONLINE database. For more information please click here

When making the request, you can ask for the copies to be certified or uncertified.

The files relating to Community trade mark applications which have not yet been published are not available for inspection without the consent of the applicant. However, if the person applying for inspection can prove that the applicant for a Community trade mark has stated that after the trade mark has been registered he will invoke the rights under it against him, that person may obtain inspection of the files prior to the publication of that application and without the consent of the applicant.

The files relating to applications for registered Community designs which have not yet been published are not available for inspection. Similarly, the files relating to registered Community designs for which deferment of publication has been requested are not available for public inspection until the expiry of the period for deferment. Prior to publication, files may be inspected if the applicant consents to the inspection or if there is a legitimate interest in inspecting the file without the consent of the applicant.

Any third party may apply for inspection of files, provided that:

the file documents for which inspection is sought do not concern the exclusion of or objection to a member of OHIM taking part in proceedings
the file documents for which inspection is sought do not relate to documents used for the preparation of decisions and opinions
the file documents for which inspection is sought are not indicated as being confidential. Should the file documents be indicated as confidential, the applicant for inspection must establish that he or she has an overriding legitimate interest in obtaining inspection
the CTM application has been published in Part A of the Community Trade Marks Bulletin, or the RCD is not awaiting deferred publication. Should the CTM application still be awaiting publication, or the publication of the RCD be deferred, the applicant for inspection may nevertheless obtain inspection where he or she brings forward evidence that:
- the CTM or RCD applicant has consented to the inspection
- the CTM or RCD applicant has stated that after the mark or design has been registered, he or she will invoke the rights under it against the person requesting the inspection.

A request for inspection should be made in writing to the Office. The form can be found here and the relevant fees are listed below:

certified copies or extracts of the CTM or RCD application or registration: EUR 30
uncertified copies or extracts of the CTM or RCD application or registration: EUR 10
certified copies of file documents: EUR 30, additional fee per page exceeding 10: EUR 1
uncertified copies of file documents: EUR 10, additional fee per page exceeding 10: EUR 1
communication of information in a file: EUR 10, additional fee per page exceeding 10: EUR 1

If the inspection of files you wish to make involves a CTM or RCD that is still at the application stage (i.e. it has not yet been registered), you must apply for the inspection in the language in which the CTM or RCD application was filed, which may be any of the 22 official languages of the European Union, or in the second language indicated by the CTM or RCD applicant, which must be one of the five languages of OHIM.

If the inspection involves a CTM or RCD that is registered, you must use one of the five languages of OHIM..

Dispatch of documents
Documents will be sent via ordinary mail. Those applicants for inspection who wish to receive documents urgently must make their own arrangements for alternative dispatch (such as a courier service).

Authentication or legalisation of certified copies
Certain countries require the authentication or legalisation of certified copies in order to accept them as a basis for a priority claim before their respective national offices or as a basis for any other claim before their authorities. For information regarding the authentication or legalisation of certified copies from the Register, please click here. Find more information on the legalisation procedure for documentation by going to the EC’s website.

Extracting from the database and the register
The CTM or RCD Register only comes into existence once the CTM or RCD has been registered. Before that moment the data and file documentation is stored in a database (Euromarc or Eurodesign). Therefore in practice the difference between the database and the register is only linguistic since the relevant part of the electronic database in which the application and its files are stored will simply be referred to as the register upon registration of the CTM or RCD in question. This explains why the inspection of files form refers to "extract from the database" and "extract from the Register".