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How much will the Community Trade Mark
(trademark) registration cost?

10 benefits of owning EU Community Trade
Mark

How can Wellkang Consultant Firm help
regarding Community Trade Mark?

International
Classification of Products and Goods (Nice Agreement 8th Edition)

What is EU Community Trade Mark (trademark)?

The European Union (EU) Community Trade Mark is an important channel
through which to protect your intellectual property on the entire EU single
market.

Like the CE Marking, the establishment of the
Community-wide trade mark protection, the EU Community trade mark (CTM), is
another important measure that the EU has adopted to establish the single
market, remove the barriers to free movement of goods and services among
the member states, and therefore foster economic development within the EU.

Besides the existing alternatives of trade mark protection, namely
National Registration and International Registration, a Community-wide
trade mark protection has now become possible in Europe. It is therefore no
longer required to apply for separate registration in each of the 15 Member
States if a European-wide trade mark protection is desired. At present, one
registration is available for the whole of the European Union.

The legal basis for the EU Community trade mark was set by
Council Regulation (EC) No. 40/94 of 20 December 1993 of the EU Community
trade mark, the Commission Regulation (EC) No. 2868/95 of 13 December 1995
concerning the enforcement of the Council Regulation (EC) No. 40/94 as well
as Commission Regulation (EC) No. 2869/95 of 13 December 1995 on the Schedule
of Fees of the Office for Harmonization in the Internal Market (trade marks
and designs).

This Office for Harmonization in the Internal Market (trade marks and
designs) started its work on January 1, 1996. Application for Community
trade marks may be filed with the Office beginning with April 1, 1996. With
this date the proprietor of the trade mark enjoys the right of priority in
the entire European Union, if the trade mark application has been duly
filed.

Due to the unitary character of the EU Community trade mark it has equal
effect throughout the Community. Consequently it can only be registered,
transferred, surrendered or revoked with respect to the entire Community.
Therefore, a single ground for refusal in only one Member State is
sufficient to prevent a registration.

Pursuant to Article 4 of Council Regulation (EC) No. 40/49, a Community
trade mark 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.

Basically all natural or legal persons who are nationals of one
Member State of the European Union or nationals of other states which
are parties to the Paris Convention for the Protection of Industrial
Property or to the Agreement establishing the World Trade Organization may
apply for the registration of a Community trade mark. Registrations are
also available for nationals of states which are neither parties of one of
the above mentioned international treaties but are domiciled or have their
seat or have real and effective industrial or commercial establishments
within the territory of the European Union or of a state which is party
to the Paris Convention.

During the registration procedures, the Office for Harmonization in the
Internal Market shall only examine whether Community trade mark
applications satisfy the general requirements, whether the applicant may be
proprietor of a Community trade mark and perform the examination as to
absolute grounds for refusal. According to the procedures at the Office for
Harmonization in the Internal Market (trade marks and designs), it is
consequently the responsibility of third parties to ensure that conflicting
marks are rejected.

Any natural legal person and any group or body representing
manufacturers, producers, suppliers of services, traders or consumers may
for that reason submit to the Office for Harmonization in the Internal
Market written observations explaining on which absolute grounds for
refusal the trade mark shall not be registered ex officio.

Within a period of three months proprietors of earlier trade
marks have in addition the possibility to give notice of opposition to
registration of the trade mark on the relative grounds for refusal that it
may not be registered.

The trade mark will be registered as a Community trade mark if the
application meets the general requirements, no Notice of Opposition
has been filed or such a notice has been definitely rejected.

In any case the applicant or a proprietor of a Community trade mark may
request the conversion of the Community trade mark application or Community
trade mark into a national trade mark application.

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How
long time is the Community Trade Mark valid for?

Community trade marks are registered for an initial period of 10
years from the date of filing of the application.

How can Wellkang Consultant Firm help regarding
Community Trade Mark?

As professional Community Trade Mark Agent (Identification No.: 22509)
authorized by the European Union´s Office For Harmonization In The
Internal Market, Wellkang Consultant Firm can act as
your professional EU Trade Mark Representative, as your contacting point
within the EU, and register your EU Community Trade Mark.

Thanks to the highly automated and effective online administration,
ordering and billing system developed by our design team, we are able to
keep our service fee at a very competitive level, 199USD only,
therefore reduce significantly the costs for our clients.

If you are planning future sales onto the European Union single market and
do not want to spend 2274 Euro now to register a Community Trade Mark
because of limited budget. Wellkang Consultant can help you to register a
low cost Swedish trade mark (which costs only 300USD for 10 years including
our fee), so you can prevent anyone else from registering a Community Trade
Mark which is same as your. In a later time, you may extend your Swedish
trade mark to the Community Trade Mark (2075Euro for 10 years plus 199USD
for our service fee). Click here to learn more about the
advantages of the Swedish trade mark.

Our services of acting as your Trade Mark Representative include: Trade
Mark Search, Filing Application, Registration, Post-Registration
Watch/Guard (including filing the Notice of Opposition), please contact
us if your need any further information.

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