Instructions for U.S. Trademark Searching/Application
Ten Good Reasons for Using the Community Trade Mark
1. Unitary and exclusive protection
A uniform law applies to trade marks, thereby providing strong and unique protection throughout the European Union. The Community trade mark is unitary in nature and gives proprietors exclusive rights enabling them to prohibit any third parties from using the sign in their commercial or industrial activities.
2.
Simplified formalities and management
The unitary nature of the Community trade mark, which covers all the countries
of the
European Union, means that formalities and management can be kept simple:
a single application;
a single language of filing;
a single administrative center;
a single file to be managed.
It is a simple procedure and applications may be made wherever suits you
best - at national
industrial property offices or directly to the Office for Harmonization
in the Internal Market in
Alicante.
3. Reduced costs
This simplification results in considerably reduced costs as compared with
the overall costs
of national registration in the fifteen countries of the European Union.
This is the least expensive way of protecting yourself in Europe.
Filing a Community trade mark application is not expensive: one filing fee
includes up to three classes of
goods and services.
The registration fee only needs to be paid once no obstacles
remain to the
trade mark being granted.
4. Option of claiming the seniority of national trade marks
The Community trade mark has been designed to complement the national systems
of
protection. If applicants or proprietors of a Community trade mark already
hold a prior identical
national trade mark for identical goods and services they may claim the
seniority of that
mark. This allows them to preserve their prior rights even if they surrender
their national trade
mark or do not renew it.
5. Right of priority
The Community trade mark complements the national systems of trade mark
protection. The
filing date accorded to a Community trade mark is recognized as constituting
a date of
priority for both national and international trade marks. The advantage
of this is that it applies
equally where applicants decide to convert their application or registered
Community trade
mark into national applications. There is therefore no risk involved in
deciding immediately to
opt for a Community trade mark.
6. Obligation of use which is easy to meet
A Community trade mark may be maintained in all the countries of the European
Union by
using it effectively and seriously in a single Member State. Any company,
even if it does not
wish to use its trade mark in all the Member States, may therefore validly
obtain a Community
trade mark without having to fear revocation proceedings on the grounds
of lack of use.
7. Broadened legal protection which is accessible to all
Infringement proceedings may be brought before the Community trade mark
courts, which
are national courts designated by the Member States of the Union to have
jurisdiction in
respect of Community trade marks. Decisions are applicable throughout the
Union. This
avoids the need to prosecute infringers in each Member State. Only the
Community trade
mark has such protection in the whole of the European Union.
8. An extended range of options for exercising rights under the trade mark
The option to transfer and assign Community trade marks is essential for
the management
of companies.
A Community trade mark may be transferred, separately from any transfer
of the undertaking
which is its proprietor, in respect of some or all of the goods or services
for which it is
registered.
A Community trade mark may also be licensed for the whole or part of the
European Union.
A license may be exclusive or non-exclusive.
9. Seniority recognized in all the countries of the European Union
A Community trade mark may give rise to a seniority which is recognized
as against all
subsequent trade marks in all Member States. This allows proprietors to
take their place on
the single market, to counter any infringement and even to oppose or have
invalidated
subsequent national trade marks.
10. The prospect of expansion of European Union
The future expansion of the European Union could result in a few years
time in a Union of
over 20 Member States. This will increase still further the territorial
scope of Community trade
marks.
CTM countries as of January 1, 2007: Austria, Benelux (Belgium, the Netherlands and Luxembourg), Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
The Community trade mark is not only a gateway to a single market but also
to a market in
the process of expansion.