The European Community Trademark
By: Michael D. Stewart, Esq.

Published in Hieros Gamos website.

The Community Trademark does not abolish national trademark protection but allows registrations which coexist with national trademarks.

The European Community Trademark is a system whereby a trademark owner may file one trademark application with the Office for Harmonization in the Internal Market (OHIM), in one of the designated language, which, once registered, gives the trademark owner rights in all

countries of the European Union. Under European Council Regulation (EC) No. 40/94, a single application submitted to a central office will result in a registration valid in all the Member States of the European Union.

OHIM, located in Alicante, Spain, first began accepting Community Trademark applications on January 1, 1996.

The Community Trademark is often a cost effective and simplified means of obtaining protection in European countries rather than seeking registrations in various European countries individually. An applicant files only one application and pays the costs of prosecuting only one application, rather than prosecuting applications for each separate country.

The government costs as of the writing of this are 900 Euro for a single application filed in paper form, and 750 Euro if the application is filed electronically. The cost for adding additional classes above three is 150 Euro. The basic fee for obtaining registration of the mark once it has been examined and approved is 850 Euro. Renewal fees are 1500 Euro or 1350 Euro, if filed electronically.

The Community Trademark is available to European companies and non-European companies alike. With some limited restrictions, nearly everyone is eligible to file for a Community Trademark. Only non-European, non-Paris Convention and non-World Trade Organization (WTO) member states that do not accord reciprocal rights to foreign applicants are excluded.

The Official languages under which a Community Trademark may be filed are English, French, German, Italian, and Spanish.