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INDUSTRIAL PROPERTY LAW

EU trade mark pre-assessment, the EUIPO introduces AI-enhanced pre-checks to reduce er-rors and objections.

The EUIPO has recently introduced an innovative system for the automated pre-assessment of European Union trade mark (EUTM) applications, with the aim of simplifying and making the filing process more efficient, offering applicants a preventive tool to promptly identify any critical issues that could hinder registration.

 

The new functionality, integrated directly into the electronic EUTM application submission form, allows users – with a simple click – to carry out preliminary checks typically carried out by the Office's examiners. In particular, the system is able to automatically detect whether the proposed sign is potentially misleading, offensive (in any official language of the Union), registered as an EU domain name or in conflict with plant variety names. These are checks that, if carried out ex ante, can significantly reduce the risk of rejection of the application or interruptions of the procedure, ensuring a smoother process for the applicant.

 

It should be emphasised that the results provided by the tool are of a purely informative nature and are not binding. The tool is not a substitute for individual review by the EUIPO, nor can it be interpreted as legal or professional advice. Therefore, the applicant's responsibility to carry out assessments of merit regarding the registrability of the trademark remains unaffected.

 

The initiative is part of the broader process of digitization and simplification promoted by the EUIPO as part of the 2025 Strategic Plan, which aims to offer its users an increasingly intuitive, transparent and technologically advanced deposit experience. With this in mind, further functionalities are already being developed, which will expand the range of automatic controls available. The checks envisaged in the next versions include: the examination of the distinctive or descriptive capacity of the trademark, the verification of conflicts with geographical indications or with signs protected pursuant to art. 6-ter of the Paris Convention (e.g. flags, official coats of arms) and the comparison with similar trademarks already rejected for similar classes of goods or services. Some of these implementations will be supported by artificial intelligence models, in order to further refine the accuracy and timeliness of pre-filing analyses.

 

The EUIPO has also announced the development of a standalone pre-assessment tool, which will allow all checks to be carried out even outside the filing procedure. A beta version is expected to be published shortly, for which the Office will actively solicit feedback from users.

In the meantime, candidates are encouraged to activate the pre-verification option already available in the filing form and to report any comments through the integrated feedback system, thus contributing to the continuous improvement of the digital tools made available by the Office.

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