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TRADEMARK REGISTRATION (EUROPE)
Europe's Community Trademark offers the advantage of uniform protection in all countries
of the European Union on the strength of a single registration procedure. This is in contrast
to a National Trademark, which offers protection limited to the market of one single country.
The European Union Community Trademark has protection for the entire market within the 27
country European Union. The original European Union Community Trademark countries included
Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,
Netherlands, Portugal, Spain, Sweden and United Kingdom. On May 1, 2004, the following
new European countries were added to the list: Cyprus, Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia. On January 3, 2007 two new
European countries were added, Bulgaria and Romania.
Difference Between a U.S. Trademark
and a Community Trademark It is important to remember that in almost
every country (other than the U.S.) trademark ownership is based entirely on who
registered the mark first, not on who first used the trademark (as is the case
in the U.S.). This means that anyone can get a registration on your trademark
in another country without having used it first. This presents a serious problem
for trademarks that appear to be headed for international use as in the case of
businesses on the Internet that are, if effect, selling to a global market.
Community
Trademark Registration The Community Trademark 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 the Internet. The
headquarters for registration of the Community Trademark is located in Alicante,
Spain. Because of the complexities of handling a Community Trademark, our legal
associate firm (also located in Alicante) will help submit your Community Trademark
application. This type of trademark registration should be considered by all serious
businesses expanding into the global marketplace.
Uniform Domain Name
Dispute Resolution Policy The World Intellectual Property Organization
(WIPO) has developed new domain name dispute guidelines to protect the rights
of trademark owners using the Internet. The applicant for a domain name is required
to provide accurate contact information, including name, address, and phone number,
to enable a trademark owner to contact this person in the case of a domain name
dispute. In addition, the applicant must submit to the jurisdiction of a particular
court in a dispute. Basically, if a trademark owner wants a domain name to match
the trademark, the non-trademark party can lose the domain name. If a company
using a trademark "XYZ" wants an Internet presence and another company has been
using the domain name "XYZ.com", the party using "XYZ.com" without trademark protection
may lose the domain name.
Community Trademark (CTM) Fees
The
Community Trademark (CTM) offers the advantage of uniform protection in all 27
countries of the European Union on the strength of a single registration procedure
with the Office for Harmonization (Trademark Office). Trademark Connection,
has an associated office located in Alicante, Spain, the headquarters
for the European Union Trademark Office. This office has the advantage of being
able to physically walk through the trademark applications for approval. Within
a period of three months following the publication of a Community Trademark application,
third parties may give notice of opposition to registration of the trademark.
The opposition procedure between applicant and the opposing parties takes place
before an Opposition Division in the Trademark Office of the Office of Harmonization
in Alicante, Spain. Trademark Connection's associate will personally attend all
hearings.
Trademark Connection will process, file, monitor, and attend
hearings following your application through each step of the process. The
professional fee for this service is $950.00 for the application (including up
to three classes). There is an additional application fee of $1550.00 that must
be paid to the Office of Harmonization (European Trademark Office) at the time
of the application. After your application has been approved by the European Union
Trademark Office ( between nine months and one year), there will be separate certificate
issuance and professional fees charged that will keep your EU trademark active and monitored for
infringement for a period of ten (10) years.
To order this service for a total application fee of $2,500.00 (USD), fill out the form below and
click the "Submit" button.
Make sure you include your correct e-mail
address in the appropriate box. Trademark Connection will e-mail you a questionnaire
and Limited Power of Attorney that is needed for the filing of your application.
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