As always, it is advisable to have searches made before using a mark. Otherwise there is a risk that launch will be delayed because of an injunction against trade mark infringement, forcing the launch's postponement.

The problem with searching in Europe however is the expense. Because there are so many registers, minimum costs (disbursements plus likely time spent) for similarity searches in all 27 Member States of the EU are £8000 plus VAT.

This practice is committed to not spending the client's money unwisely. We will therefore consult to device a searching programme which best suits a particular client's needs with a view to reducing these costs. Broadly speaking, there are three possibilities:

• Applying for a CTM (assuming no on-line check of key registers prior to filing reveals the identical mark) is in itself an inexpensive search, and will be suitable if the client's plans are long-term. The CTM Office will issue searches for all the EU countries except France, Germany and Italy. The cost of this is included in the official filing fee of €900 for the first three classes and €150 for each class after the third. These searched will lack some information (specifications, up-to-date status, and the identity of the proprietor are the most common omissions) and we will therefore not be able to give a definitive opinion based solely on them. Nonetheless, as my firm does not have standard service charges, and time spent is charged at only £100 plus VAT, these searches are a rwasonably inexpensive "first cut" to distinguish the countries we need to look more closely at from those we do not.
• Conducting similarity searches in a few countries may be better than a CTM application, if the client's plans to use are short-term and focused initially on these countries, for example as test markets pending full roll-out to the rest of the EU. Depending on the search results in these first countries, it may not be necessary to conduct searches elsewhere.
• Conducting a similarity search on the International Register (the register of marks obtained under the Madrid Agreement or Madrid Protocol systems) may be preferred if the client's plans are short-term and across the EU. The International Register does not cover all EU countries, nor does it reveal all the marks registered in the countries, nor does it reveal all the marks registered in the countries it does cover. Nonetheless, it does provide a broad overview of the EU-wide position and is a good starting place from which to target where further searches will be needed.