Unitary and exclusive protection
A uniform law applies to trade marks, thereby providing strong and unique protection throughout the European Union. The Community trade mark is unitary in nature and gives proprietors exclusive rights enabling them to prohibit any third parties from using the sign in their commercial or industrial activities.
Simplified formalities and management
The unitary nature of the Community trade mark, which covers all the countries of the European Union, means that formalities and management can be kept simple:
Reduced costs
This simplification results in considerably reduced costs as compared with the overall costs of national registration in the fifteen countries of the European Union. This is the least expensive way of protecting yourself in Europe.
Filing a Community trade mark application is not expensive: 975 EUR for three classes of goods and services.
The registration fee of 1100 EURonly needs to be paid once no obstacles remain to the trade mark being granted.
Option of claiming the seniority of national trade marks
The Community trade mark has been designed to complement the national systems of protection. If applicants or proprietors of a Community trade mark already hold a prior identical national trade mark for identical goods and services they may claim the seniority of that mark. This allows them to preserve their prior rights even if they surrender their national trade mark or do not renew it.
Right of priority
The Community trade mark complements the national systems of trade mark protection. The filing date accorded to a Community trade mark is recognized as constituting a date of priority for both national and international trade marks. The advantage of this is that it applies equally where applicants decide to convert their application or registered Community trade mark into national applications. There is therefore no risk involved in deciding immediately to opt for a Community trade mark.
Obligation of use which is easy to meet.
A Community trade mark may be maintained in all the countries of the European Union by using it effectively and seriously in a single Member State. Any company, even if it does not wish to use its trade mark in all the Member States, may therefore validly obtain a Community trade mark without having to fear revocation proceedings on the grounds of lack of use.
Broadened legal protection which is accessible to all.
Infringement proceedings may be brought before the Community trade mark courts, which are national courts designated by the Member States of the Union to have jurisdiction in respect of Community trade marks. Decisions are applicable throughout the Union. This avoids the need to prosecute infringers in each Member State. Only the Community trade mark has such protection in the whole of the European Union.
An extended range of options for exercising rights under the trade mark
The option to transfer and assign Community trade marks is essential for the management of companies. A Community trade mark may be transferred, separately from any transfer of the undertaking which is its proprietor, in respect of some or all of the goods or services for which it is registered. A Community trade mark may also be licensed for the whole or part of the European Union. A license may be exclusive or non-exclusive.
Seniority recognized in all the countries of the European Union
A Community trade mark may give rise to a seniority which is recognized as against all subsequent trade marks in all Member States. This allows proprietors to take their place on the single market, to counter any infringement and even to oppose or have invalidated subsequent national trade marks.
The enlargement.
The enlargement of the European Union could result in a Union of about 27 Member States. This will increase still further the territorial scope of Community trade marks. The Community trade mark is not only a gateway to a single market but also to a market in the process of expansion.
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