When we search for earlier trade marks we only look in classes containing the same or similar goods or services to your application.
When we receive your trade mark application and search our register for earlier trade marks which may be the same as or similar to your mark, we only look in classes that may contain the same or similar goods or services to those in your application.
If we do find an earlier mark we will tell you and, if you decide to continue with the application, we will write to the owners of any earlier conflicting national UK trade marks and international registrations designating the UK identified in the search when the application proceeds to publication in the trade marks journal.
For each of the classes of goods and services we use a list of appropriate classes that we may search. This list is not exhaustive - we will use our discretion to decide exactly which classes to search.
Using the cross search list
The application class number takes you to another page which lists the search classes together with the goods and/or services within each class, which may be the same or similar to the goods and/or services in your application.
Example of how to search for potential conflict:
Class 11 lists class 21 - cooking utensils’
Then go to class 21 where you will see ‘class 11 - electrically heated cooking utensils’
This means you would probably only consider there is a conflict between these classes in respect of those specific goods. If they are not listed in a specification, there is no clash.
Retailing versus goods
Applications in class 35 that include services connected to retailing should indicate the type of goods that are sold. When we carry out a search for earlier marks we will include the appropriate classes for those goods.We should only tell you about existing marks when their distinctive and dominant elements are identical, or nearly identical.
Use our search list to find classes that contain the same or similar goods or services to the classes you have applied for.