European Community Trade Marks (CTMs)
Since April 1996, there has been a European Community Trade Mark, issued through the Office for the Harmonisation in the Internal Market (OHIM), based in Alicante, Spain. One registration gives trade mark protection in all EU member states. This system means:
- less to pay in official fees – one registration and one application for renewal;
- less paperwork – simultaneous registration throughout the EU;
- lower attorney fees – working through OHIM reduces the number of attorneys involved in different nations;
- faster results – a single application can save time over multiple applications
- easier application – direct to OHIM or through the UK Patent Office.
The registration gives trade mark rights throughout the EU and therefore OHIM examines the mark to determine whether it is registrable in each offered EU language. If the mark is unacceptable it will be refused because a CTM is a unitary right for the whole EU.
If OHIM regards the mark as registrable, it is published in the Trade Marks Bulletin. There follows a three-month period during which oppositions may be filed, typically on the grounds that another party claims to own a conflicting prior right. If there is a prior right in one part of the EU then the OHIM will reject the entire application. Your trade mark attorney can assist in opposition procedure, and in the 'conversion' process for marks which are registrable in most but, not all the EU. Your trade mark attorney can also advise you on your protection strategy: whether to seek national, CTM or International Registration (Madrid Protocol) protection.
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