European Law Report - Cheaper EU-wide trademark protection
Some more good news for entrepreneurs on the European front! Obtaining a Community trademark is set to become cheaper and easier as from the May 1. The European Commission and EU member states have recently agreed to ease the financial burdens...
Some more good news for entrepreneurs on the European front! Obtaining a Community trademark is set to become cheaper and easier as from the May 1. The European Commission and EU member states have recently agreed to ease the financial burdens currently being encountered by the business community by decreasing the fees payable for the attainment of a Community trademark.
The importance of obtaining a Community trademark in particular for those businesses that operate across European borders cannot be underestimated. A Community trademark guarantees its owner protection of the mark in all EU member states and all this through a single application.
It confers on its proprietor exclusive rights in the sense that the proprietor of such a mark is entitled to prohibit all third parties from using an identical or similar mark for identical or similar goods in the course of trade.
He is also entitled to prohibit such third parties from using any sign which is likely to confuse the public when compared with his mark or to prevent such third parties from exploiting the reputation or distinctive character of the registered mark.
The Office for Harmonisation in the Internal Market also known as the OHIM in Alicante, Spain is the office responsible for processing all applications filed for a Community trademark. Indeed, since it started operating way back in 1996, this office has registered more than 500,000 trademarks.
With the forthcoming reduced fees and simplification in the registration procedure, the attainment of a Community trademark will potentially become more attractive for traders. In a few weeks time, applicants will no longer be charged the current registration fee but only an application fee. In practical terms, this means that instead of paying the amount of €1,750 for the application and registration of a Community trade mark, businesses will be charged only an application fee of €1,050.
Furthermore, online applications will benefit from a greater reduction and will be charged an application fee of €900 instead of the current €1,600. Such a reduction in fees will also bring about a substantial lessening in the processing time for the registration of a Community trade mark.
Indeed, the benefits to be garnered by the business community because of this new measure cannot be overlooked. Protecting a mark which distinguishes one's goods and services from those of another is indispensable for a trader who wants to ensure that he is operating within a system of undistorted competition.
As a prime advertising tool, no-one can negate that trademarks are of paramount importance in the marketing and commercialisation of goods and services. This recent move at an EU level will surely signify that this all-important tool for businesses - obtaining uniform legal trademark protection across the EU - will become more accessible and affordable.
Indeed, the forthcoming reduction in fees is of particular value to small- and medium-sized enterprises for which the costs and procedure of obtaining trademark protection often constitute a drain on their already limited resources.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
The importance of obtaining a Community trademark in particular for those businesses that operate across European borders cannot be underestimated. A Community trademark guarantees its owner protection of the mark in all EU member states and all this through a single application.
It confers on its proprietor exclusive rights in the sense that the proprietor of such a mark is entitled to prohibit all third parties from using an identical or similar mark for identical or similar goods in the course of trade.
He is also entitled to prohibit such third parties from using any sign which is likely to confuse the public when compared with his mark or to prevent such third parties from exploiting the reputation or distinctive character of the registered mark.
The Office for Harmonisation in the Internal Market also known as the OHIM in Alicante, Spain is the office responsible for processing all applications filed for a Community trademark. Indeed, since it started operating way back in 1996, this office has registered more than 500,000 trademarks.
With the forthcoming reduced fees and simplification in the registration procedure, the attainment of a Community trademark will potentially become more attractive for traders. In a few weeks time, applicants will no longer be charged the current registration fee but only an application fee. In practical terms, this means that instead of paying the amount of €1,750 for the application and registration of a Community trade mark, businesses will be charged only an application fee of €1,050.
Furthermore, online applications will benefit from a greater reduction and will be charged an application fee of €900 instead of the current €1,600. Such a reduction in fees will also bring about a substantial lessening in the processing time for the registration of a Community trade mark.
Indeed, the benefits to be garnered by the business community because of this new measure cannot be overlooked. Protecting a mark which distinguishes one's goods and services from those of another is indispensable for a trader who wants to ensure that he is operating within a system of undistorted competition.
As a prime advertising tool, no-one can negate that trademarks are of paramount importance in the marketing and commercialisation of goods and services. This recent move at an EU level will surely signify that this all-important tool for businesses - obtaining uniform legal trademark protection across the EU - will become more accessible and affordable.
Indeed, the forthcoming reduction in fees is of particular value to small- and medium-sized enterprises for which the costs and procedure of obtaining trademark protection often constitute a drain on their already limited resources.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.