Community Trademarks

WHATS NEW?

Community Trademarks

It is now possible to obtain trademark protection in 15 European countries by filing an application with the newly established European Community Trade Marks Office beginning on January 1, 1996. All applications filed between January 1, 1996 and April 1, 1996 will receive a filing date of April 1, 1996, unless they are entitled to an earlier priority date.The countries covered are Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom.

Procedure

  • An application would be filed with the European Community Trade Marks Office along with a fee of $1600.00. The office will then conduct a search of prior Community registration and applications and those of individual member states, through their national registers. The search criteria is limited to whether the mark is distinctive enough to be registered. The search does not cover the issue of whether or not the mark may be confusingly similar to another registered mark.

  • Once the search is complete the results will be sent to the applicant, who then has the choice of: proceeding with the application, withdrawing the application, or converting the application into selected national application.

  • If, during the search the Office discovered conflicting registrations, it will at the send the results to every owner of prior registrations. This occurs at the same time the applicant receives its results.

  • If a prior registrant wishes to object to the Community registration of a mark, the burden is on the owner to file an Opposition with the Office. In the event that the mark in application is found to be confusingly similar to the mark of the Opposer, the Community registration would be denied.

  • In the absence of any objection from the Office or any successful Opposition, a Certificate of Registration will be issued upon payment of a fee of $2000.00.

  • If the registration is refused or an Opposition is successful, the applicant has the option of converting the application into a national application in those countries where there was no opposition.
    for more information contact John Sicotte at patentlaw@earthlink.net
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