Trade Marks
COMMUNITY TRADE MARK APPLICATION
An application for a Community trade mark may be filed by nationals of the member states; nationals of other states which are parties to the Paris Convention; nationals of states which are not parties to the Paris Convention but who are domiciled or have their seat, or who have a real and effective industrial commercial establishment, within the territory of the European Union; nationals of any state which is not party to the Paris Convention but which accords to nationals of all the member states the same protection for trade marks as it accords to its own nationals.
In order to put an application on file at the Community Trade Mark Office and establish a filing date we need the following:
- Full name, address and nationality of applicant(s)
- Details of the mark (if a device mark or logo, a 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)
In due course, to complete the filing requirements we will need:
- Certified copy of priority document and verified translation (if applicable)
Seniority may be claimed from one or more earlier registrations in a country or countries of the European Union provided the mark of the Community Trade Mark application is identical to the mark of the earlier registration(s) and the goods are identical or contained within the goods of the earlier registration(s).
Seniority has the effect that where the proprietor of the Community Trade Mark surrenders the registration from which seniority is claimed or allows it to lapse he shall be deemed to have the same rights as he would have had if the earlier registration had continued to be registered.
The application for a Community Trade Mark must be filed in one of the official languages of the European Union but the applicant must also indicate one of the languages of the Office - English, French, German, Italian and Spanish - as a second language which may be adopted as the language for the conduct of opposition, revocation or invalidity proceedings.