European Community Trademark
20 September 2006by eub2 -- last modified 09 January 2007
The Community Trade Mark and the Community Design both grant their proprietors a uniform right valid in all Member States of the European Union by means of one procedural system. Free Community Trademark and Design search - in association with OAMI-ONLINE, the server of the Office for Harmonization in the Internal Market (Trade Marks and Designs).
What are the advantages of the Community trade mark?
The Community trade mark gives its proprietor a uniform right applicable in all Member States of the European Union on the strength of a single procedure which simplifies trade mark policies at European level.
Community Trade Mark (CTM) Online Search - Trade mark consultation service - Basic
RCD-ONLINE - Design consultation service - Basic search
It fulfils the three essential functions of a trade mark at European level: it identifies the origin of goods and services, guarantees consistent quality through evidence of the company's commitment vis-à-vis the consumer, and is a form of communication, a basis for publicity and advertising.
The Community trade mark may be used as a manufacturer's mark, a mark for goods of a trading company, or service mark. It may also take the form of a collective trade mark: properly applied, the regulation governing the use of the collective trade mark guarantees the origin, the nature and the quality of goods and services by making them distinguishable, which is beneficial to members of the association or body owning the trade mark.
The Community trade mark covers a market of more than 350 million consumers who enjoy some of the highest living standards in the world. It is the ideal instrument to meet the challenges of this market.
The Community trade mark is obtained by registration in the Register kept by the Harmonization Office. When registered, transferred or allowed to lapse, the effect of such action is Community-wide.
It is valid for a period of 10 years and may be renewed indefinitely.
The rules of law applicable to it are similar to those applied to national trade marks by the Member States. Companies will therefore find themselves in a familiar environment, just on a larger scale.
350 MILLION consumers
The Community trade mark and national trade marks
The Community trade mark may be obtained for a sign which is either applied for directly at the Harmonization Office or which has been applied for previously through a national office. It does not imply revocation of previous national or international protection, but merely makes such protection more effective and more manageable.
A newly-created sign adapted to the various languages, cultures and customs within the European market may be protected directly by applying for first registration as a Community trade mark at the Harmonization Office.
A Community trade mark may protect a sign which has already been filed at a national office of a country party to the Paris Convention or to the Agreement on trade-related aspects of intellectual property rights concluded under GATT (TRIPs Agreement). In this case, a right of priority may be claimed for a period of six months.
A national trade mark or series of national trade marks may be registered as a Community trade mark irrespective of their age. The company will thus have the perfect instrument to meet the challenges of the internal market.
Opting for the Community trade mark does not imply the abandonment of national trade marks. The company may retain these as long as it wishes.
The seniority of a national mark may be claimed at the Harmonization Office, even if the national trade mark is subsequently cancelled or surrendered in favour of a Community trade mark. The company enjoys the same rights as if the national trade mark were still registered.
In the event of refusal to register an application, or the revocation or annulment of a Community trade mark, applications for national trade marks may be made in all countries of the European Union in which there are no such grounds for refusal, revocation or annulment. The advantage of priority or seniority is therefore maintained, as are any investment and advertising campaigns previously carried out in these countries.
Community Trade Mark (CTM) Online Search - Trade mark consultation service - Basic
RCD-ONLINE - Design consultation service - Basic search
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