MEMBER STATES : Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom
EUROPEAN UNION (EU) COMMUNITY TRADEMARKS
The IPR aspects relating to the EU are administered by the Office for Harmonisaton in the International Market (OHIM), situated at Alicante, Spain.
Trademarks filed with the EU are known as Community Trade Marks or CTM. A CTM is valid in the EU as a whole across the European Union in 27 countries.
ADVANTAGES OF A COMMUNITY TRADEMARKS - CTM are:
1. One single Registration
2. One single Language & Procedure
3. One Single Administrative Centre
4. One single File to be managed
Applicants should bear in mind that the following will not be registrable as Trademarks with CTM:
It is highly advisable to conduct a search of the trademarks before filing a CTM protection in the OHIM’s databases CTM-ONLINE &TM view, so as to ascertain that there are no conflicting marks registered or pending registration.
Once the trademark application is lodged, the OHIM carries out searches and draws up a community search report during the examination procedure to ascertain that there aren’t similar or identical marks likely to conflict with the applicant’s mark.
CTM applications can be filed:
i). Directly at the OHIM
ii). At any of the National Patent & Trademark offices of the 27 member states of the community
iii). At the Benelux trademark office.
Applications filed at a national office or at the Benelux trademark office and forwarded to the OHIM within 2 months will receive a filing date as through the application was filed directly at the OHIM.
Direct filing at the OHIM is via:
i). Online application through e-filing from the office’s website.
ii). Mailing the application by regular post.
iii). Sending the application through private delivery services.
iv). Filing the application in person at the OHIM office
It is to be noted that filing cannot be done via emails to the OHIM.
TRADEMARKCOPIA.COM will assist you with the following:
· Infringement & Opposition Actions
· License and Assignment procedures
· Trademark Watch Services
Once the application for registration is lodged with the CTM, it comprises the following examination procedure:
i). Ascertain whether or not a filing date can be accorded.
ii). Formalities examination.
iii). Scrutiny for absolute grounds for refusal, during which search reports are established.
iv). Publication of the application.
v). Opposition proceedings if any.
In the event the trademark application does not encounter any opposition, it proceeds for registration and a Certificate of registration is issued to the applicant.
Pre-Registration: In a majority of EU member states, trademark rights cannot be obtained through mere use. Hence, such usage does not guarantee registration of the mark unless, the mark has become well known and recognisable to the relevant public.
Post-Registration: Non-use of the mark post registration continuously for a period of 5 yrs. could make it vulnerable to be cancelled. Hence it is imperative that the applicant puts his registered CTM to genuine and bonafides use post registration.