EC/EU Trademark

What is a Community Trade Mark (CTM)?
A CTM is a sign for identifying and distinguishing goods or services valid across the European Community, registered with the OHIM in accordance with the conditions specified in the CTMR.

What does it mean when it is stated that the CTM has a unitary character?
A CTM application and a CTM are valid in the European Community as a whole. The application and the ensuing registration extend automatically to all 25 Member States of the European Community indivisibly. It is not possible to limit the geographic scope of protection to certain Member States. Furthermore, there is one single registration procedure, which is centrally handled before the OHIM. No actions before the national industrial property offices are necessary. In addition, an invalidation, a refusal or the expiry of the CTM necessarily applies for the whole of the Community. Lastly, the CTM is one single asset of property. It can only be transferred for the whole of the Community and not with respect to individual countries. However, territorially or otherwise limited licences, even limited for a particular Member State, are possible

Documents Requiried
. Letter of Instruction
.Name,address and Nationality(or country of incorporation) of the applicant(natural person or legal person)
.Sample of trademarks(Black & White) and the nature of business
.List of goods to be covered by trademark application and international class,if known
.Specify the colour if your mark is coloured.

Search and Advisory
Once you have applied for a trademark, you cannot alter it and your application fee cannot be refunded. Using Search and Advisory Service could save you the expense of making an application which has little or no chance of being accepted for registration.
We offers a high-quality, value-for-money service to meet the needs of you. It can provide advice on whether your mark meets the requirements for registration.

What is the procedure for the registration of a CTM?
The procedure for the registration of a CTM is an examination procedure which comprises the following three main parts:
i.firstly, examination of the application, which includes whether or not a filing date may be accorded, the formalities examination and the examination as to absolute grounds for refusal, during which search reports are established.
ii.secondly, publication of the application.
iii.thirdly, the procedure up to registration which may comprise opposition proceedings.

The first part of the procedure starts with the receipt of the application, either directly at the Office for Harmonization in the Internal Market (Trade Marks and Designs) (the OHIM )or via a central industrial property office, and involves:
examination as to whether or not a filing date may be accorded, the classification check of the goods and services designated in the application;
the sending of the list of goods and services to the Translation Centre for Bodies of the European Union (Luxembourg);
the establishment of the CTM search report, the transmission of the application to central industrial property offices in Member States, for searches in their national registers and the transmission of all reports to the applicant or his representative;
examination as to absolute grounds for refusal.
The OHIM will not examine ex officio relative grounds for refusal. These may be raised only by third parties in opposition proceedings or in cancellation proceedings after registration of the CTM.

The second part of the procedure is the publication of the application in part A of the CTM Bulletin, where the result of the examination by the OHIM has been positive.

The third part of the procedure is reserved for third parties to invoke their earlier rights in opposition proceedings. Opposition may be lodged within three months following the publication of the CTM application. Where the outcome of opposition proceedings is positive for the applicant, or where no opposition has been filed, the CTM will be registered.

Appeals proceedings constitute a special procedural phase. Appeals can be filed during the aforementioned parts of the procedure against decisions of the Examiners, the Opposition Divisions and the Administration of Trade Marks and Legal Division. A decision which does not terminate proceedings as regards one of the parties can be appealed only together with the final decision, unless separate appeal is allowed in that decision.

The Boards of Appeal are competent for taking decisions regarding appeals.

***The approximate time for obtaining the certificate, without Official objection or Opposition, is about 24-28 months.