Community Trade Marks

The Community Trade Mark Register has now been opened at the Office for the Harmonisation of the Internal Market (‘OHIM’) in Alicante (‘the CTMO’). As an alternative to making separate applications at national registries, it is now possible to apply for a Community Trade Mark (‘CTM’) that is enforceable throughout the EU and is Unitary in character. This means that it cannot be registered, transferred, surrendered, revoked or declared invalid except in respect of the whole Community. Also, a CTM cannot be assigned in part. This unitary character can raise a problem where during registration, a CTM meets a ground for refusal in one particular country of the Community (for example, a word which is descriptive or offensive in one particular language) will prevent the registration of the whole CTM. In this situation, the CTM may undergo ‘conversion’ into equivalent national registrations retaining the original priority. A CTM application or registration can be used as the basic mark for an international application filed directly at OHIM.

The cost of filing and prosecuting a CTM or a RCD through to registration is much less expensive than seeking individual national protection where protection is desired in several member states of the EU.

Important note:
The comments in this section represent only a simplified summary of Intellectual Property and are not intended to be comprehensive. Professional advice should be sought in any particular instance as to the protection available. More information may be found in the Professional Advice section.

Member States of the European Union

Total (27 States) - Last Updated 13/06/07