Advantages of the Community Trade Mark System
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A Community trade mark (CTM) provides protection for your name/brand in all
27 member states of the EU.
The advantages of this system are as follows:
- The Community Trade Mark Registry effectively sits over the top of all the
national registries of the member states. Therefore it negates the need to
file individual applications with the national registries which also avoids
any language barriers/requirements. In this way the cost of protecting your
mark throughout Europe is much less. In fact even if you only want to protect
your mark in 3 EU countries you are likely to make a saving.
- As a general rule in order to maintain a valid trade mark right in any
particular country you need to be using it or you may be at risk of someone
trying to revoke your registration on the grounds of non use. However under
the CTM system use in only one member state is sufficient for you to maintain
your registration throughout all 27 member states.
- If you register your mark at national level first and then decide to go
for a CTM at a later date it is possible to claim seniority on the basis of
the national registration. This allows owners to keep the date of their
original registration without the need to renew both registrations when the
- If at any time more countries are admitted to the EU your trade mark
rights will automatically expand to include the new territories.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2007-07-31 22:31:41 in Legal Articles
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