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CTM Community Trademark Conversions
A Community Trademark (CTM) is a trademark valid across the European Union (EU).
At this moment, the EU has 27 member states: Austria, Benelux, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
A CTM application covers all these contries and gives the applicant and proprietor of the CTM uniform trademark rights in all EU member states. In order to benefit from these rights and CTM protection, one must file a CTM application with the Office of Harmonization in the Internal Market (OHIM) in accordance with the provisions of the CTM Regulations.
The same two basic trademark application rules apply for CTM: the desired trademark must not be descriptive of the goods or services that it refers to and the trademark must not be similar or confusable with an earlier mark that is registered and/or used for the same or similar products.
If one of these requirements is not valid in one or more EU countries, then the CTM is rejected.
In this case, a CTM conversion is necessary in order to turn a refused CTM into one or more national applications.
However, the CTM conversion in not possible when a registered CTM or international registration designating the EC is revoked on grounds of non-use or when the particular grounds for which the CTM application or registered CTM or international registration designating the EC ceases its effect (when the decision of the Office or of a Community Trademark Court expressly states that the ground for refusal, for revocation or for invalidity applies in respect of a particular Member State and precludes conversion for that Member State).
There is a general time limit of 3 months for requesting conversion. The start of the time limit depends on the ground for conversion. The time limit may not be extended. The request of conversion with respect to a CTM application must be filed in the language in which the application was filed or in the second language indicated therein, selected from the five languages of OHIM: ES, DE, EN, FR, IT.
Advantages of converting a CTM trademark into national trademarks are the following:
1. The conversion cost is only €200 irrespectively of the number of countries indicated in the application.
2. The priority date will be the one of the CTM filing or CTM designation in an Internationa Trademark registration (IRS).
3. The seniority date will be kept, if the CTM had one.
A Community Trademark (CTM) is a trademark valid across the European Union (EU).
At this moment, the EU has 27 member states: Austria, Benelux, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.
A CTM application covers all these contries and gives the applicant and proprietor of the CTM uniform trademark rights in all EU member states. In order to benefit from these rights and CTM protection, one must file a CTM application with the Office of Harmonization in the Internal Market (OHIM) in accordance with the provisions of the CTM Regulations.
The same two basic trademark application rules apply for CTM: the desired trademark must not be descriptive of the goods or services that it refers to and the trademark must not be similar or confusable with an earlier mark that is registered and/or used for the same or similar products.
If one of these requirements is not valid in one or more EU countries, then the CTM is rejected.
In this case, a CTM conversion is necessary in order to turn a refused CTM into one or more national applications.
However, the CTM conversion in not possible when a registered CTM or international registration designating the EC is revoked on grounds of non-use or when the particular grounds for which the CTM application or registered CTM or international registration designating the EC ceases its effect (when the decision of the Office or of a Community Trademark Court expressly states that the ground for refusal, for revocation or for invalidity applies in respect of a particular Member State and precludes conversion for that Member State).
There is a general time limit of 3 months for requesting conversion. The start of the time limit depends on the ground for conversion. The time limit may not be extended. The request of conversion with respect to a CTM application must be filed in the language in which the application was filed or in the second language indicated therein, selected from the five languages of OHIM: ES, DE, EN, FR, IT.
Advantages of converting a CTM trademark into national trademarks are the following:
1. The conversion cost is only €200 irrespectively of the number of countries indicated in the application.
2. The priority date will be the one of the CTM filing or CTM designation in an Internationa Trademark registration (IRS).
3. The seniority date will be kept, if the CTM had one.