Many people have wondered if it is better to apply for a CTM or to apply for national trade mark applications in several or all of the EU countries.
The definite answer is that, unless you intend to use the trade mark in only one country in the EU, CTM fares better in most counts.
Coverage. CTM gives you a coverage of 27 states with only one application and only one fee. Also, it covers 3 Nice classes, whereas several EU countries cover only one class and you have to start paying to have your trade mark registered in additional classes.
Price. Again CTM is much better. You just have to pay Euro 900 for 3 Nice classes of a CTM application, wheas the same money will buy you maximum 2 countries if you were to file separately for a trade mark. Also, attorney fees are much less for CTM applications rather than paying attorney fees in several EU countries.
Even if the CTM application gets rejected, the applicant still can benefit from the application priority date and opt to convert the CTM application in national application in one ore more EU countries at a cost.
Of course there can be some drawbacks of CTM.
One such drawback is the risk of being rejected or opposed by other trade mark owners. Whereas in national applications the trade mark application is judged against national trade mark registered or applied for in that country and CTM applications, in the case of a CTM application the opposing parties can be national trade marks in any of the 27 EU countries plus the CTM applications themselves. This adds some negative odds to the CTM application.
CTM applications are offered at Euro 150 plus OHIM costs by Intellektus.com irrespective of the number of Nice classes.
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