The European Community Trademark System
Introduction to the Office of Harmonization in the Internal Market (OHIM)

Until very recently, registering a trademark in a foreign country typically meant filing individual national applications for every country in which protections were sought. In addition to the burden of keeping track of countless separate applications, many national laws provided that only local agents were able to perform trade mark registrations. Consequently, multiple trademark registrations were often beyond the means of small and medium sized businesses, as they simply could not afford the cost of multiple applications, registrations and the legal fees associated with each trademark.

As the world became smaller and globalization took on unprecedented proportions through the development of regional trade associations, such as the European Union (EU), it became clear that the old world model of separate national trade mark registrations was a hindrance, rather than a help to international business interests. European nations were among the first to recognize the need for substantial changes to international trademarking and developed a new, cost effective approach. 

Based in Alicante, Spain the Office of Harmonization in the Internal Market (OHIM) is the European Union agency responsible for the administration of Community trade marks (CTMs) since 1994. In addition to trademarks, the OHIM is also responsible for registered Community designs. 

Unlike individual national trademarks, a trade mark registration with the OHIM creates an enforceable trade mark right throughout the entire territory of the EU, which is currently comprised of 25 member states. 

Advantages of the Community trademarks

Within a single application, prospective trademark holders are able to extend trademark protections to a market that extends to more than 400 million consumers, many of whom enjoy a high standard of living. 

A CTM has an initial validation period of 10 years and can be renewed continuality if desired. Unlike national trademarks, a CTM can only be registered, assigned or cancelled for the entire Community. Therefore, one must understand it as an indivisible right of protection for all participant EU nations. 

CTMs offer the advantage of providing protection through a single trademark registration process with the OHIM, and consequently provide trademark owners with protections that are enforceable in all the member states of the EU. 

How to keep your costs down 

One of the more obvious benefits of a CTM is that procedures are streamlined, which in turn results in considerably less cost than separate registrations in all the countries of the EU. Similarly, formalities too are more efficient with the centralization of a single application, administrative office and file. An additional benefit of a CTM is that unlike other international trademark protections, such as those offered under the Madrid Protocol, a CTM offers direct and uniform protection throughout the entire EU market. This can be a powerful tool, should enforcing your trade mark rights be necessary. 

CTMs easily coexist with National Trade Mark Systems

A Community trade mark can be obtained regardless of whether the mark holder has already filed or registered the same mark with a national office of a member state. In such cases, a CTM does not require the waiving or invalidation of other earlier national or international protection rights, but instead can actually enhance the protection and simplify the administration of a company’s trade mark portfolio. 

Community Trade mark (CTM) Applications $1995 U.S. + search, filing and registration fees

If you are currently offering or are looking to offer your goods or services in Europe, CTMs offer unparallel value for the cost. With a single application and subsequent registration, your trademark offers protections in 25 Member nations of the European Union. 

Our European trademark searches are comprehensive and search both registered European trademarks as well as European common law marks. We search literally dozens of databases in various European languages to ensure that your proposed trademark is in fact registerable. The value of common law searches cannot be overemphasized. Common law searches are intended to discover trademarks and tradenames that are currently in use but not registered. Contrary to most people’s understanding of trademark law, under the common law mere use of a tradename is enough to afford that tradename holder minimal rights to its name. Our risk assessment service comments on the relative strength of European common law marks and assesses your likelihood of obtaining trademark rights within the EU.

Therefore, we recommend that you order both a registered and common law trademark search, which we provide for $1200.00 U.S. Dollars. The common law trademark search examines numerous databases in Europe, and offers greater certainty for prospective trademark applicants. If we do both searches and the filing we provide a 25% discount on the search fees, a savings of $300.00 U.S. Dollars. We offer this incentive to encourage you to protect your trademark to the fullest, which can only be accomplished with thorough trademark research.

The government filing fees associated with EU trademarks are as follows, and reflect the costs associated for each individual mark:

• A single trademark Application for up to 3 classes - 900 € or approximately $1,300 U.S. Dollars (if your Application can be filed online, the filing fee is 750 € or approximately $1,100 U.S. Dollars).

• A single trademark Application with more than 3 classes is 150 € or $220 U.S. Dollars per each additional class.

• A single trademark Registration is 850 € or $1230 $U.S. Dollars.

• A single trademark Registration for more than 3 classes is 150€ or $220 U.S. Dollars per each additional class. 

Contact Us Today to Order

For a free consultation regarding all your trademarking requirements contact Donald Moir at 1-888-272-7771 (US & Canada).