Euro-Counsels

A community trademark is a sign which can be represented in graphic form. This sign can be in particular, made of words, real or invented, names and first names, designs, graphics, even a colour upon certain conditions.

The Office for Harmonization in the Internal Market (Trade Marks and Designs), has not admitted until now, that an odour constitute a valid trademark. A sequence of music however, as it can be transcribed on paper, can be admitted to be registered as a community trademark.

The form of an object, of a wrapping, can also be registered as a valid community trademark.

The common condition for the European protection of all these signs, is that they must distinguish goods and services from those of another company.

The community trademark is unitary in nature. It cannot be divided and is valid in all the European Community Territory. The Community trade mark gives its proprietor protection against the reproduction or imitation of his trade mark throughout the European Union. It is also transferable and may be licensed. The title allows its owner to prevent exploitation of the trademark by a third party, in a commercial or industrial activity.

The Community trademark is valid for a period of 10 years and may be renewed indefinitely.

The Community trademark is ruled by series of European regulations:

• Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (CTMR)

• Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (CTMIR)

• Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (CTMFR)

• Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs)