Community Trade Mark Application
There are only minor restrictions as to who can file a Community Trade Mark application and in order to place an application on file at the Community Trade Mark Office, and establish a filing date, we would look to receive the following:
- Full name, address and nationality of applicant(s)
- Details/copy of the mark
- List of goods and/or services for which registration is to be sought
- Number, country and date of priority application (if applicable)
- Details of any earlier national applications/registrations the applicant may have in any Community countries for a possible seniority claim as discussed below.
In due course, to complete formal requirements we would look to receive:
- Certified copy of the priority document and verified English translation (if applicable)
A seniority claim may be made from any one or more earlier national registrations in a country of the European Union provided that the mark of the Community application is identical to the mark of the earlier national registration(s), and the goods/services are identical or contained within the goods/services of the earlier registration(s).
Seniority is intended to have the effect that the proprietor of the Community Trade Mark can consider surrendering the national registration(s) from which seniority is claimed but, by virtue of that seniority claim, the Community Trade Mark is intended to have the same rights as if the earlier national registration was maintained. In practice matters have not become quite as clear cut as this so we would recommend seeking our specific advice before a national registration is surrenered.
The application for a Community trade mark must be filed in one of the official languages of the European union and the applicant must also indicate one of the official languages of the Office - English, French, German, Italian and Spanish - as a second language which may be adopted as a language for the conduct of opposition, revocation or invalidity proceedings.
Nicholas Manley
Jennifer Maddox
Anti-Piracy Regulation and goods in transit
Class Headings, Clarity and Precision
Trade Marks and Keywords
