The Community Trade Mark
10. Advantages of the Community Trade Mark :
Even though the decision whether to file a national trade mark, a Community trade mark or an international trade mark will usually depend mainly on the question which country or countries the applicant is interested in, the following important advantages of a Community trade mark should be noted:
1. A Community trade mark is subject to a single, unitary registration process. The protection conveyed by the Community trade mark covers the whole of the EU. Likewise, transfer, renewal costs etc. can be dealt with in a single step.
2. The formalities are facilitated: Only a single application, a single language of procedure, a single administrative centre and a single file must be managed.
3. If the Community trade mark application fails, conversion is possible into national applications.
4. The obligation of use is easy to meet, because only use in a single Member State is required to maintain a Community trade mark. No proof of use is necessary for renewal.
5. Seniority may be claimed from earlier identical national trade marks, thus preventing duplicate protection and costs, while allowing the proprietor to waive the national registration.
6. The date accorded to a Community trade mark is recognised as a date of priority for national and international trade mark applications.
7. A fairly low level of distinctiveness is required for the Community trade mark to be acceptable. This may offer the possibility for indirect registration of a trade mark in countries with more stringent requirements for the distinctive character of a mark.
8. Reduced costs occur when filing a Community trade mark rather then several national trade marks in various Member States. Filing of a trade mark application online costs 750 $. This is considerably less than the overall costs for 27 individual countries.
9. In opposition proceedings, the Community trade mark system provides for a cooling off settlement period of a maximum of 24 months in which the differences may be resolved.
10.These decisions of national Community trade mark courts in infringement proceedings have effect throughout the whole EU.
Although the advantages in favour of applying for a Community trade mark clearly prevail, there may be instances, where a different approach to protection of a trade mark in Europe is advisable. In this context, the following aspects should be considered:
1. A prior right in one single EU country may function to prevent a Community trade mark registration.
2. Conversion into national trade marks after the list of goods and services has been narrowed in examination/opposition proceedings may not restore full rights.
3. A Community trade mark registration may only be transferred with effect for the whole EU, although it may be licensed for use in part of of the EU only.
Therefore, as a recommendation, applicants are advised to perform a search for conflicting prior trade marks before applying for a Community trade mark. In this way, unnecessary costs incurred by opposition litigation may be avoided. In addition, Community trade mark proprietors should watch out for new applications in order to oppose these within the applicable time limit.
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