Registering an EU trademark, or Community Trademark as it is more formally known, is very beneficial to the mark owner as the set of exclusive rights the owner gets are valid in all 27 EU member states. If you seek registration across all European member states it is advised that you obtain the professional services of a trademark attorney or consultancy firm.
Why register an EU trademark
A Community Trademark (CTM) is a popular choice among mark owners when registering their intellectual property as their legal rights of ownership span across all 27 member states. In order to apply for a CTM, mark owners must submit the relevant application form to OHIM – Office for Harmonization for the Internal Market.
There are various factors as to why EU trademark registration is so highly sought after. If your company operates within the EU or intends to expand its operations throughout the EU, it is highly advised for companies to trademark their brands and logos. This will ensure no third party can use their trademark without the expressed permission of the owner, and where unauthorized use does occur, legal remedies can be sought. Effectively, obtaining a CTM is one of the best ways in gain market domination, increased brand identity and consumer loyalty from a vast audience.
By receiving the set of exclusive ownership rights over your mark, as issued by OHIM, you can efficiently obtain legal recognition for your mark across all EU member states, without the need to apply to each individual state. OHIM requires a single application form for both registration of a CTM and renewal – saving the mark owner time and costs in each respective process.
Applying through OHIM for an EU trademark is advantageous for many reasons, one of which includes the online database that is used for trademark search services. It is essential that a search service is carried out before a mark owner applies for a CTM and by using the online database as provided by OHIM, the search can be performed in an easy and efficient manner.
The level of legal protection awarded by registering your mark with OHIM is very high, and the reputation of owning a CTM is something which many businesses and mark owners strive for. Furthermore, should a case of passing off occur, the onus will always be on the infringing party to prove they used the CTM in good faith. The applicable trademark laws provide a number of favorable remedies that the owner can seek where their ownership rights have been infringed.
Learn how Starting Business can help you to register an EU Trademark today.