EUROPEAN COMMUNITY TRADEMARK REGISTRATION

Q1: What is a community trademark?
The community trademark was established by the European Union to provide a unified trademark for the entire European Community. Once acquired, the mark covers all 15 countries of the European Union. The mark is used to enforce trademark rights in the entire region.

Q2: When was OHIM, the Community Trademark Office, established?
Since January 1, 1996, the OHIM has been accepting applications and somewhere in the neighborhood of 20 to 25,000 applications were received by the time the office officially opened on April 1, 1996. Approximately 1/3 of these applications were from the United States. There has been some hesitance on the part of the business community to accept the European Trademark. The concerns include the limited enforcement in specific courts, limited court jurisdiction, uncertainty about how marks will be treated, the concern about the application rising or falling based on a single application.

Q3: How can rights be enforced?
The regulations provide for the enforcement of the mark is courts designations by member states. Venue for an enforcement action is in such a court in the country in which the defendant resides. However, in the event that neither the plaintiff nor the defendant have an office in the state, the only of jurisdiction is likely to be in Spain. Spain has a significant interest in providing a forum that will be respected in the European Union and abroad.

Q4: What are the Costs?
Since the government cost for a basic filing is 975 ECU's (approximately $1,300) and includes up to three classes of goods or services, the use of the European Mark is definitely beneficial when the consideration involves merchandising properties or other properties that cover more than one class. If the application is permitted to be registered, a registration fee of 1100 ECU is charged by the OHIM. These costs are exclusive of attorneys fees. Budgeting $5,000 for each CTM application is a reasonable approach.

See also: European Community Mark registration procedures and costs