The Community Trade Mark
9. Community Trade Mark and Enlargement of the European Union :
The enclargement of the EU, namely the accession of 10 new Member States in 2004 and the accession of 2 new Member States in 2007, has had far reaching implications for the Community trade mark. As a primary consequence, the protection of a Community trade mark now also refers to: Bulgaria, the Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia.
This extension was automatic. No additional fees or forms had to be submitted. After the extension, the same Community trade mark will be valid in all 27 Member States.
The extended Community trade marks may not be challenged on absolute grounds such as descriptiveness in the language of a new Member State and are also exempt from invalidity claims that could be filed merely because of the extension to the new Member States. This provision protects the older Community trade mark registrations and applications from re-examination and guarantees the rights already established.
However, in order to observe the rights of proprietors of Community trade mark as well as the rights of proprietors of national trade marks in the respective new Member States, transitional regulations had to be established that provide for certain exceptions, for example an exceptional right to opposition for proprietors of older national trade marks in the respective new Member States for a period of six months to the respective accession.
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