Further to our post of 30 January 2008, the OHIM has published the following further information on national search reports for CTMs, which have become optional from 10 March 2008:

"From that date [10 March 2008], national search reports will be produced only if requested by the applicant at the time the Community trade mark application is filed. The searches will be carried out in all 16 participating Member States and the fee will be EUR 192. Community search reports and warning letters will continue to be sent out as before."

• For CTM applications the "search request" can only be made at the same time as filing the application.

• For Madrid applications, the national search request must be filed directly at OHIM once the EC has been designated (national searches must not be requested through WIPO). Please note that there is no particular request form. The applicant has ...

"to transmit a letter containing a clear and unambiguous request for national searches which identifies the number of the International Registration designating the EC to which it refers."

"Community search reports will be produced in all cases whereas national search reports will be prepared only on applicant’s explicit request.

A specific fee per participating national office (16 offices as of March 20081) must be paid forthe request for national searches to be valid. The optional search fee to be paid is €192 . This fee results from multiplying €12 by the number (16) of national offices participating in the optional search system.

National search reports will be prepared by the offices that have chosen to participate in the new system [Austria, Bulgaria, Czech Republic, Denmark, Finland, Greece, Hungary, Ireland, Lithuania,Poland, Portugal, Romania, Slovak Republic, Spain, Sweden and United Kingdom]. The period given to the offices for producing searches is reduced from three to two months.

A request for national searches implies that all participating national offices will carry out the search, all of which must be paid for (all-or-nothing policy which means that the applicant cannot select for the search only some countries among the participating offices and leave out others).

The format of the search reports is harmonized.

National search reports will have to comply with Rule 5a of Commission Regulation (EC) No 2868/952 regarding the following minimum contents:

(a) the name of the national office that carried out the search;
(b) the number of the trade mark applications or registrations mentioned in the search report;
(c) the date of application and if applicable date of priority of the trade mark applications or registrations mentioned in the search report;
(d) the date of registration of the trade marks mentioned in the search report;
(e) the name and contact address of the holder of the trade mark applications or registrations mentioned in the search report;
(f) a representation of the trade marks applied for or registered mentioned in the search report;
(g) an indication of the classes, according to the Nice Classification, for which the earlier national trade marks are applied for or registered or of the goods and services for which the trade marks mentioned in the search report are either applied for or registered."