Séverine E. Mas Avocat

Protection of trademarks in the European Community

Download our pdf survey on the Community trademark.

The European Commissioner responsible for the internal market, Charlie McCreevy, has backed the planned reduction, to around 1 000 euros, of the combined cost of CTM application and registration fees. Speaking at the opening of the OHIM exhibition at the European Parliament in Brussels, Commissioner McCreevy said the reduction, which he would introduce, would bring access to trade mark protection down by 40% and would mean considerable savings for European companies - in particular SMEs.

The Community trademark is unitary in nature , i.e. it is valid everywhere in the European Community, and gives proprietors exclusive rights enabling them to prohibit any third parties from using the sign in their commercial or industrial activities.

A Community trademark (CTM) may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.

The main legal provisions regarding the Community trademark are contained in three Community regulations, namely:

• Council Regulation No 40/94 of 20.12.1993 usually referred to as `the basic Regulation' or the `CTMR';
• Commission Regulation No 2868/95 of 13.12.1995 implementing Regulation 40/94, usually referred to as the `Implementing Regulation' or the `IR';
• Commission Regulation No 2869/95 of 13.12.1995 on the fees payable to the Office, usually referred to as the `Fees Regulation' or the `FR'.