EU Community Trademark
What is a Community trade mark (CTM)?
A CTM is a trade mark valid across the European Union, registered with OHIM in accordance with the provisions of the CTM Regulations. For map and listing of participating EU countries, go to http://europa.eu/abc/european_countries/index_en.htm If you would like further information, then please visit http://oami.europa.eu/ows/rw/pages/index.en.do.
Scope and validity
A CTM is valid in the European Union as a whole. It is not possible to limit the geographic scope of protection to certain Member States.
A CTM is valid for 10 years and can be renewed indefinitely for periods of ten years.
Level of protection
A CTM confers on its proprietor an exclusive right to use the trade mark and to prevent third parties to use, without consent, the same or a similar mark for identical or similar goods and/or services as those protected by the CTM.
The CTM system provides for one single registration procedure, consisting of:
- a single application
- a single language of procedure
- a single administrative centre and
- a single file to be managed.
The CTM grants its owner an exclusive right in the 27 member states of the European Union at a reasonable cost.
After any future enlargement of the European Union, any CTM registered or applied for will be automatically extended to the new member states without formality or fee.
For the registration of a Community trade mark, there are two fees to be paid: the application fee (which differs depending on whether it is an online or a paper application) and the registration fee.
- Application fee: EUR 750 to file online (e-filing).
or EUR 900 if you use the paper form.In either case, if your application covers more than three classes of goods and services there is a fee of EUR 150 for each additional class.
- Registration fee: EUR 850.Again, if your application covers more than three classes of goods and services, there is a fee of EUR 150 for each additional class.
The application fee is due within one month from the date the application is received at OHIM (or at the national office). OHIM will not issue a request for payment. If a confirmation receipt of payment is required, a request must be sent by fax for the attention of the Finance Department (+34 96 513 9113).
The registration fee only needs to be paid if the result of the examination by OHIM is positive. The Office will notify you when the registration fee is payable.
Enforcing your rights
A CTM grants its proprietor an exclusive right to prevent unauthorised use of the mark in trade without his/her consent. More specifically, the proprietor is entitled to prevent unauthorised third parties from: putting the registered CTM onto their goods or packaging; offering goods, putting them on the market or stocking them for commercial purposes using the registered CTM; offering or supplying services carrying the registered CTM; importing or exporting goods under it; and using it on business papers and in advertising.
If an unauthorised third party engages in any of these practices, it is guilty of infringing the exclusive right of the proprietor.
The proprietor of a CTM can act against these infringements by taking measures expressly provided for under the CTMR in relation to disputes concerning the infringement and validity of CTMs, and in particular via:
- Proceedings at the Community trade mark courts established under the CTMR
- Filing requests for action with EU customs authorities. This administrative procedure permits proprietors of a CTM to request the EU customs authorities to retain suspected counterfeit goods while under their control.
Maintaining your mark
CTMs shall be put to genuine use in the Community within a period of five years following registration (Article 15 CTMR). Genuine use may be found when the mark has been used in only one part of the Community, such as in a single Member State or in a part thereof. Any person (legal or natural) can protect their registered CTM against revocation on the grounds of lack of use – provided it is put to genuine use in the Community after the initial five-year post-registration grace period or if there are proper reasons for such non-use.
Thus, the best defence against revocation action is pre-emptive: non-generic, non-misleading, genuine and continuous use of the Community trade mark at all times. Use it or lose it!
Last Modified: December 5th, 2009