A Community trademark is valid in all EU member states and allows trademark owners to use their trademarks uniformly across the continent. They are granted by OHIM and have a duration of 10 years.
A Community trademark, also known as a Community trademark or Community trademark, is a trademark that is valid and enforceable in any of the member states of the European Union. Each member state has its own trademark office and trademark laws, and trademark owners can and often register their trademarks with a specific country. A national trademark gives trademark owners the exclusive right to use their trademarks within the borders of a specific country. A Community trade mark, on the other hand, is registered not with a national trade mark office, but with a wider trade mark body of the European Union. Community trade marks carry with them exclusive rights of use throughout the union.
In Europe, business is often conducted across national borders and brands sold in one country are generally also sold in other neighbours. One of the main benefits of brand ownership is the ability to signal the origin of goods and services to consumers. Trademark owners have traditionally had to register their trademarks with the trademark office of each European country in order to use their trademark uniformly across the continent. The Community trademark modifies this requirement with respect to the member countries of the European Union. Community trade marks allow trade mark holders to effectively receive several national registrations with one application, and for this reason they are sometimes referred to as ‘EU trade marks’.
Community trademarks have been authorized by a 1993 European Union directive – Reg. CE. (EC) 40/94 (1993) — and the first Community trade marks were issued in 1996. Naturally, national level trade marks had already existed in Europe for many years before. The very nature of trademarks is exclusivity, which means that no one can register a CTM if the same mark already exists nationally. A national registration of a trade mark in an EU country may also prevent a Community trade mark application for the same trade mark.
Community trade marks are granted through the European Union’s Office for Harmonization in the Internal Market (OHIM), whose officials consider previous registrations and objections from existing trade mark owners before approving or rejecting applications. Applications can be sent directly to OHIM, which is based in Spain, or submitted to any national trade mark office for forwarding to OHIM. Wherever filed, CTM applications must follow a pre-established form, including filings in two languages. The first language can be any official language of the European Union; the second must be one of the five official languages of OHIM.
A refusal by OHIM does not necessarily mean that a mark cannot be used in the European Union. A Community trade mark application can be converted into a national trade mark application in any Member State. Conversion requires the applicant to make an individual filing with each national office where registration is sought, which usually involves paying a separate filing fee.
If granted, a Community trademark has a duration of 10 years and is renewable. It is not necessary for applicants to be European to register or obtain a Community trade mark. Many nationally recognizable marks, including many familiar marks in the United States and Canada, have been granted Community Trademark status.
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