The Community Trade Mark
3. Priciples of the Community Trade Mark :
3.1 Unity throughout the EU
[Art.1]
The Community trade mark has unitary character. That means it has an equal effect throughout the whole EU. It may only be registered, transferred, surrendered, declared invalid or prohibited for the whole territory of the EU. It is not possible to limit the geographic scope of the protection to certain Member States. Furthermore, there is one single registration procedure, which is centrally handled before the OHIM.
3.2 Legal Autonomy
[Art.14]
The effects of the Community trade mark are governed exclusively by the CTMR, especially with respect to the acquisition (Art.25) and conferred rights (Art.9) of a Community trade mark. However, all matters, which are not covered by the CTMR are governed by the corresponding national legislation (Art.97). In infringement cases in a Member State, the laws of that Member State are to be employed (Art.14 No.1, Art. 98).
3.3 Coexistence with National Trade Marks
According to the principle of coexistence, a Community trade mark does not displace or substitute a trade mark which is protected by national law. Instead, the same sign may simultaneously be protected as trade mark nationally and on an EU-wide basis, thus enabling coexistent double protection.
3.4 Who may own a Community Trade Mark?
[Art.5]
Proprietors of a Community trade mark may be natural or legal persons, including authorities established under public law, provided that they are:
- nationals of the EU Member States,
- nationals of states party to the Paris Convention or the World Trade Organization (WTO),
- nationals of states not party to the Paris Convention, but who are domiciled or have their seat or real and effective industrial/commercial establishments within Paris Convention territories, or
- nationals of states, which accord to nationals of all the Member States the same protection for trade marks, as they accord to their own nationals and that recognise the registration of Community trade marks as proof of registration of a trade mark in the country of origin, if nationals of the Member States are required to deliver such proof.
Thus, natural and legal persons from nearly all countries in the world may be the proprietor of a Community trade mark registration.
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