A Community Trade Mark (CTM) is a registration for a single trade mark. It is valid in all countries of the European Union (EU) and offers trademark protection in all 27 member states of the European Union through one single application.
PLUS After any future enlargement of the European Union, any Community Trademark registered or applied for will be automatically extended to the new member states without formality or fee.
How long is a Community Trademark valid?
A Community Trademark is valid for 10 years and can be renewed indefinitely for periods of ten years.
Which rights may I derive from a Community Trademark?
A Community Trademark confers on its owner an exclusive right to use the trade mark and to prevent third parties to use, without consent, the same or a similar mark for identical or similar goods and/or services as those protected by the Community Trademark. More specifically, the owner is entitled to prevent unauthorised third parties from: putting the registered Community Trademark onto their goods or packaging; offering or supplying services carrying the registered Community Trademark; offering goods, putting them on the market or stocking them for commercial purposes using the registered Community Trademark; importing or exporting goods under it; and using it on business papers and in advertising.
Who can apply for a European Community Trademark?
Any natural person or legal entity from any country in the world may file an application.
How do I apply for an community trademark with your law firm?
You may use our forms and let us file the application for you. Go through a simple workflow with BREUER LEHMANN. All information provided will be kept in absolute confidentiality.
How long will it take for my trademark to be registered?
In general we can file your trademark within 3-5 days. The registration at the office will take approximately another 1 months until publication. Afterwards there will be a 3 months period for possible oppositions against the registration of your trademark. All in all it will approximately last 4-6 months until you finally receive your registration certificate. However the trademark is protected then from the day back we can file the trademark for you. So why wait any longer? 😉
What does it cost to apply for a Community Trade Mark?
Total cost of a community trademark including three classes with our law firm start as low as 1449 EUR* (excl. Tax, incl. official fees).
Additional 250 EUR* for each extra class (excl. Tax, incl. official fees).
Additional costs may arise when an opposition is filed against your trademark or the office wants to reject your application. In those cases you will be notified by us and an estimate of additional fees will be provided.
What services does BREUER LEHMANN offer me regarding the filing of a Community Trademark?
In short: advise on and management of the whole application process of your community trademark, from the first review until the forwarding of the registration certificate.
- upfront review of your trademark: Does it comply with all applicable rules and statutes?
- drafting the classification of goods and services for your trademark
- completing the application form and sending it to the Harmonization Office
- general correspondence with the Harmonization Office
- checking and forwarding the filing receipt
- checking the payment of fees and forwarding of registration certificate
Do I have to pay the day that I apply?
No, but if you do not pay the fee within one month of filing your application, you will lose your fi ling date. Instead, the filing date will be the date on which the Harmonization Office actually received the fee. If you do not pay your fee within three months of the filing date, the Harmonization Office will treat your application as if you had never made it.
Do I need a representative?
If you file a trademark application from outside the European Union you need a representative, yes.
If you appoint one, please remember that only lawyers who qualified in one of the countries of the EU, and professional representatives whose names are on the list kept by the Harmonization Office, can act as your representative with the Harmonization Office . Only people who are qualified to deal with the various national industrial property offices (such as the Intellectual Property Office) in the EU can be put on the list of professional representatives.
In any case we advise you to employ someone specialized in the field of trademarks to lead you through the process of an application of a community trademark. Especially you will need some professional support in trademark research before filing your trademark in order to avoid unnecessary later conflicts with other trademark owners.
BREUER LEHMANN RECHTSANWÄLTE are listed as representatives at the Office for Harmonization (No 48159 and No 54384).
How do I enforce my rights of the Community Trademark?
The proprietor of a Community Trademark can act against these infringements by taking measures expressly provided for under the CTMR in relation to disputes concerning the infringement and validity of Community Trademarks, and in particular via:
- Proceedings at the Community trade mark courts established under the CTMR
- Filing requests for action with EU customs authorities. This administrative procedure permits proprietors of a CTM to request the EU customs authorities to retain suspected counterfeit goods while under their control.
Of course the owner of a Community Trademark may defend the trademark against infringers through the courts all over Europe by specialized trademark attorneys. Just ask us, we are looking forward to helping you.
Do I have actually have to make use of my trademark?
Community Trademarks shall be put to genuine use in the Community within a period of five years following registration. Genuine use may be found when the mark has been used in only one part of the Community, such as in a single Member State or in a part thereof. Any person (legal or natural) can protect their registered Community Trademark against revocation on the grounds of lack of use – provided it is put to genuine use in the Community after the initial five-year post-registration grace period or if there are proper reasons for such non-use.
Thus, the best defence against revocation action is pre-emptive: non-generic, non-misleading, genuine and continuous use of the Community trade mark at all times. Use it or lose it!