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Instructions for U.S. Trademark Searching/Application

 

Ten Good Reasons for Using the Community Trade Mark (Now the European Trademark or "EUTM")

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 an EUTM 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 EUTM has been designed to complement the national systems of
                    protection. If applicants or proprietors of an EUTM 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 EUTM complements the national systems of trade mark protection. The
                    filing date accorded to an EUTM 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 EUTM
                    mark into national applications. There is therefore no risk involved in deciding immediately to
                    opt for an EUTM.
 
 

6. Obligation of use which is easy to meet

                    An EUTM 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 EUTM 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 EUTM
                    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 EUTM is essential for the management of companies.

                    An EUTM 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.

                    An EUTM 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

                    An EUTM 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 mark.

10. The prospect of expansion of European Union

                    Expansion of the European Union could increase still further the territorial scope of Community trade
                    marks, which as of 2015, includes these 28 countries:

EUTM countries: Austria, Belgium, the Netherlands, and Luxembourg, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

The EUTM is a much sought-after gateway to a critically important market opportunity for trademark protection.  

Compare to Madrid Protocol

 

 

 

 

 

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