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Advantages of the Community Trade Mark System

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Lawdit Solicitors - Expert Author

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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 time comes.
     
  • 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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