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Intellectual Property
Management > European Trademark Protection CTM
European Community Trademark Registration
A CTM consists of a single
registration covering all the member states of the EU and existing alongside
national trademark registrations. CTM registration provides an alternative to national
registrations, which are costly and cumbersome to manage. The Office of
Harmonization in the Internal Market (EU trademark office) is the official body
in charge of this system and is based in Alicante. We are registered
European Trademark Attorneys authorised to represent clients in Community
Trademark Registrations.
Extent of
Protection
Such registration covers the entire European
Union, can be enforced in any one of the twenty-five member states and
presents various advantages.
This could be deemed to be the main advantage of a CTM in that it facilitates
both the initial registration process as well as the management of the IP
owner's portfolio of IP rights.
Other Advantages
Classification of Goods |
Classification of Goods and Services - The CTM makes use of the official International Classification of Goods and
Services and, unlike some national systems, multi-class applications may be
filed. |
Claiming Priority |
Adheres to the rules of the Paris Convention for priority claims; a
six-month right of priority may be claimed by an applicant based on their
first application filed in a member country of the Paris Convention or the
World Trade Organization Agreement. |
Claiming Seniority |
Upon
applying for a CTM, with identical goods or services covered by the national
registration, a TM owner holding an earlier national registration, may claim
the seniority of the national registrations in the EU member states in which
the mark is registered. |
CTM Conversion into national registrations |
If the registration is unsuccessful due to
successful oppositions by other parties, the CTM applicant may within 3 months
of such decision, file with the Office a request, together with the appropriate
fee, to convert the Community Trademark application or registration to
individual EU national applications, retaining the priority date of the
Community Trademark application. |
Registration Term |
A Community Trademark has a validity period of 10 years from the date of
filing and shall be renewable for additional 10-year periods. |
Assignability and Licensing |
CTMs may be assigned or licensed. Licenses, which may be granted in respect of
some or all of the registered goods and in respect of the whole or part of the
EU, and agreements affecting the title of a CTM, must be recorded at the Office
to be effective against third parties. |
5-Year Use |
The CTM must be used within the EU within a period of 5-years from date of
registration, otherwise, it may be vulnerable to attack. Use of a Community
Trademark in any one EU member country will be sufficient to satisfy the use
requirement for all EU member countries and use of the TM only for export
constitutes valid use. |
Evidently, the most important
advantage of this system is its cost-effectiveness. Many times a CTM covering 25
Member States may cost as much as 5 separate TM national applications. EU-wide
protection is obviously the next most important advantage. The disadvantages of
utilizing a Community Registration are few.
Through our registered European
Trademark Attorneys, our firm provides all services related to Community
Trademark Registration, Maintenance and Renewals. We would be pleased to discuss
with you the matter and devise the best strategy to consolidate your TM
portfolio.
Intellectual Property
Management > European Trademark Protection CTM
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