Talk:European Union trade mark

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Agent and fees

Would anyone know if it Is necessary to engage an agent to register a Community Trademark or can one lodge an application directly and at what fee?

Hello. I will try to take care to post some infos for wikipedia within the next days. IAAL 16:20, 14 January 2006 (UTC)[reply]

What are the advantages of the Community trade mark?

Following information should be included or updated with the current article:

  • The Community trade mark gives its proprietor a uniform right applicable in all Member States of the European Union on the strength of a single procedure which simplifies trade mark policies at European level.
  • It fulfils the three essential functions of a trade mark at European level: it identifies the origin of goods and services, guarantees consistent quality through evidence of the company's commitment vis-à-vis the consumer, and is a form of communication, a basis for publicity and advertising.
  • The Community trade mark may be used as a manufacturer's mark, a mark for goods of a trading company, or service mark. It may also take the form of a collective trade mark: properly applied, the regulation governing the use of the collective trade mark guarantees the origin, the nature and the quality of goods and services by making them distinguishable, which is beneficial to members of the association or body owning the trade mark.
  • The Community trade mark covers a market of more than 350 million consumers who enjoy some of the highest living standards in the world. It is the ideal instrument to meet the challenges of this market.
  • The Community trade mark is obtained by registration in the Register kept by the Harmonization Office. When registered, transferred or allowed to lapse, the effect of such action is Community-wide.
  • It is valid for a period of 10 years and may be renewed indefinitely.
  • The rules of law applicable to it are similar to those applied to national trade marks by the Member States. Companies will therefore find themselves in a familiar environment, just on a larger scale.

IAAL 16:20, 14 January 2006 (UTC)[reply]

Character

Cite of an earlier version: "The CTM system harmonizes the national trade mark laws of the member states of the European Union, but does not replace them. These laws remain in force and coexist with the CTM system."

This sentence was not so correct. A CTM can very well replace a national trademark, because a CTM already touches every nation within the EU. You can also say: You do not need a national trademark anymore, if you have a CTM. --IAAL 05:29, 5 March 2006 (UTC)[reply]

Cost-effectiveness

Cite: "If a trademark owner will only sell products or deliver services in less than three or four member states, consideration should be given to seeking registration in these countries rather than applying for a CTM."

I do not like this sentence. It is a question of each own case and depends from each trademark itself. Registering in more than one nation within the European Union produces too much fees and costs. And then the financial advantages with its cost-effectiveness flows over to the CTM. In this example with four member states, this would mean: 4x fees for registration, 4x postal costs, 4x costs for translation, 4x costs for lawyers, etc. I think, this article CTM need another chapter about all the fees, so the reader will be able to calculate by himself (NPOV). After it, there should be added a little warning about filling out the forms, because there should be added experts to fill out such forms. --IAAL 06:02, 5 March 2006 (UTC)[reply]

More Criticism about the CTM

I think, the chapter about the critic should be a little bit bigger. For example the problems around the bad faith. --IAAL 06:05, 5 March 2006 (UTC)[reply]