An application will be registered when the following conditions have been met:
- The examination of the trade mark has raised no objections or the objections raised have been waived; and
- Either no opposition has been filed, or any oppositions filed have been rejected.
The registered trade mark will be published in Part B of the Community Trade Marks Bulletin, and OHIM will send the applicant a link in order to download an certificate in PDF format.
The rights conferred by a Community trade mark prevail against third parties from the date of publication of registration of the trade mark. Reasonable compensation may, however, be claimed in respect of matters arising after the date of publication of a Community trade mark application. A court may not decide upon the merits of the case until the registration has been published.
Certificate of registration
The PDF certificate provided by OHIM contains:
- the date of filing the application
- the file number of the application
- the date of the publication of the application
- the name and address of the applicant
- the name and business address of the representative, unless the representative is an employee. If there is more than one representative, only the name and business address of the first named representative, followed by the words "and others", will appear. If an association of representatives has been appointed, only the name and address of the association will appear
- a reproduction of the mark. If the mark is in colour, this will be indicated unless the applicant has said that they do not wish to claim protection for the colour. If the applicant has filed a description of the mark, this will also be included in the certificate
- a list of the goods and services covered by the mark
- the language in which the application was filed and the second language which the applicant indicated in the application
- the date of registration of the mark in the Register and the registration number.
If they formed part of the application the certificate may also contain the following:
- claims of priority
- claims of exhibition priority
- claims of seniority of an earlier registered trade mark as referred to in Article 34 CTMR
- a statement that the mark has become distinctive through the use which has been made of it, as referred to in Article 7(3) CTMR
- a declaration by the applicant disclaiming any exclusive right to some element of the mark as referred to Article 37(2) CTMR
- an indication that the mark is a collective mark
- a statement that the application results from a transformation of an international registration designating the European Community pursuant to Article 156 CTMR, together with the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date on which the territorial extension to the European Community made subsequently to the international registration pursuant to Article 3 ter (2) of the Madrid Protocol was recorded and, where applicable, the date of priority of the international registration.
Further copies of the certificate
The Office will provide certified or uncertified copies of the certificate of registration, on payment of a fee.
Making changes to the CTM after the registration
Certain changes can be made to a registered CTM. These include:
- correction of mistakes and errors in the Register and in the publication of the registration
- alteration of the registration, such as limitation of the goods and services
- division of a registration
- change of the name or address of the proprietor of the Community trade mark or of their registered representative
- claiming seniority after registration of the Community trade mark.