DEREK JACKSON ASSOCIATES

PATENT AND TRADE MARK ATTORNEYS

COMMUNITY TRADE MARKS

A Community trade mark application is examined by the Community Trade Marks Office (OHIM) to determine whether the mark is sufficiently distinctive (absolute grounds). A search is carried out for any earlier potentially conflicting Community trade marks and the results of the search are communicated to the applicant and the owners of any earlier Community trade marks are notified of the application.  However, there is no examination on relative grounds. An application, once accepted, is advertised and is open to opposition before registration, as in the UK.  A Community trade mark registration remains in force for 10 years from the date of application and can be renewed for further 10 year periods as required.

ADVANTAGES AND DISADVANTAGES

Although a Community trade mark application is more expensive to file than a UK trade mark application it does cover 25 countries and it can include goods or services in three classes for the basic application fee.