Go to the trade mark registry site.

Suggest a possible trade mark for the new product of a

client and conduct a preliminary search of the register.
I have chosen the name 'Fusol' for a car engine oil / lubricant that has been developed by a
client who now wishes to market the product. It has a Nice class of 04 belonging to industrial oils
and greases lubricants amongst others. !onducting a preliminary search of the trade mark register
two entries are to be found for "efusol on ##/0$/#00% and "efu &ol on '(/'#/#00) both under a
Nice class of 0). *his is for an apparatus for controlling electricity in power supply networks.
+lthough there is similarity in the name as the Nice class is for a different product group it is worth
proceeding with the application.
+ google search for the term Fusol returns a number of matches but none that are within the ,- or
a direct match for a car engine oil product.
Trade
Mark No.
Mark Text File Date Status
Nice
lasses
!ienna
lasses
"mage
.$0($4/$ ".F#S$%
##/0$/#0
0%
"egistered 0)
Add
.0%($#/' ".F, &12
'(/'#/#0
0)
"egistered 0) #(.0(.00
Add
From a competitor&s perspecti'e what would be the procedure for opposition proceedings(
*o oppose a trade mark application a competitor must file form *3% 'Notice of opposition' with a
4#00 fee within two months of the application publication. *o e5tend this period for submitting
opposition proceedings to three months form *3%a needs to be filed online with no fee payable.
*he applicant should also be informed of the intention to bring opposition proceedings against their
trade mark application and it is best to do so in writing.
*he grounds for opposition are set out under section / or ( 6if based on an earlier trade mark7 of
the *rade 3ark +ct '))4 6as amended7. &ection / 6'7 list the following8
9a/ do not satisfy section '6'7 :
b/ devoid of distinctive character
c/ consist e5clusively of signs or indications which may serve in trade to designate the kind
;uality ;uantity intended purpose value or any other characteristics of goods or services.
d/ consist e5clusively of signs or indicators which have become customary in the current
language or in the bona fide and established practices of the trade.
<rovided that a trade mark has not ac;uired a distinctive character as a result of the use
made of it.
where '6'7 In this +ct a 'trade mark means any sign capable of being represented
graphically which is capable of distinguishing goods or services of one undertaking from those of
F u s o l
other undertakings. + trade mark may in particular consist of words 6including personal names7
designs letters numerals or the shape of goods or their packaging.=
*he other parts of the section list reasons due to the shape deception immorality protected
emblems and bad faith.
If the trade mark has already been registered the competitor may apply for invalidation in
order to proceed with the removal of the mark from the register by returning form *3#$ with a
4#00 fee. >e may also notify of intervention claiming interest in a trade mark and his intention to
bring legal action by returning form *3#% with no fee payable.