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11.1. What does the automatic extension of CTMs mean and what is the legal background for this? 11.3. What is the situation regarding applications and registrations made in bad faith? 11.7.
Would there be any possibility of opposing the use of extended CTMs in the new Member States?
From 1 May 2004, the date of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and from 1 January 2007, the date of accession of Bulgaria and Romania, Community trade marks registered or applied for pursuant to the CTMR before the date of accession have been extended to the territory of those Member States in order to have equal effects throughout the Community. (Article 159a(1) CTMR).
11.2. I am a holder of a registered CTM - do I have to do anything? Do I have to pay any additional fees? No. There is nothing to be done by the holder and there are no fees to pay.
11.3. What is the situation regarding applications and registrations made in bad faith? The OHIM and the offices of new Member States were asked to co-operate in order to try to combat cases of bad faith applications. The OHIM's approach to dealing with bad faith applications and related documents can be found at: http://oami.europa.eu/en/enlargement/mechanisms.htm. Furthermore, the Office, in cooperation with the national offices of candidate countries, has established a trade mark consultation service:
11.4.Can an extended CTM be contested on the basis of absolute grounds that become applicable merely because of the accession of new Member States? No. For extended CTMs (CTM registrations or pending CTM applications), there is no possibility of contesting their validity as to absolute grounds which only apply because of the accession of new Member States. For example, should an existing CTM registration consist of a word which is descriptive in the language of one of the new Member States, this will not be a ground for filing an invalidity claim, as established by Article 159a(4) CTMR.
11.5. CTMs filed or registered before accession - will they be translated into the new languages after accession? No. CTMs that have been applied for or registered before accession will not be translated or published in the new languages. However, as from the date of accession, the new official languages of the Member States have become official languages of the EU and therefore all CTMs applied for on or after that date are translated into the new official languages. 11.6. Will CTMs applied for before accession but which are still under examination after 1 May 2004 be examined differently? They are examined under the "old" rules that were applicable before accession, whether or not the actual registration takes place after accession. For example, "new absolute grounds" will not be applicable to such an application (e.g. prohibition of descriptive terms, for instance in Hungarian or Polish), pursuant to Article 159a(2) CTMR. The same principle is valid for CTMs applied for before accession of Bulgaria and Romania. 11.7. Would there be any possibility of opposing the use of extended CTMs in the new Member States? Yes, on a certain number of grounds there will be a right to restrict use of the CTM in the territory of the new Member States. Holders of earlier rights in new Member States can enforce their rights against extended CTMs as provided by their national legislation, provided that the earlier right was registered, applied for or acquired in good faith in the new Member State prior to the date of accession of that State, pursuant to Article 159a(5) CTMR. 11.8. Will there be any future enlargement of the European Union? On 1 January 2007 , the European Union was enlarged for the sixth time since the establishment of the European Community in 1957. The Treaty of Accession was signed with Bulgaria and Romania on 25 April 2005 . The consequences as regards the Trade Mark and Design systems are the same as the ones agreed with the ten Member States which joined in May 2004, notably the automatic extension of CTMs and CDs and the grandfathering of earlier rights. For further information, please click on the following link: http://oami.europa.eu/en/enlargement/enlargement2007.htm |
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