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COMMUNITY TRADEMARKS

Territorial sphere: The European Union Countries

This is a single register with the same effect all over the European Community territory.

Any signs that can be graphically represented may be registered as Community Trademarks on condition that such signs are appropriate for distinguishing the products or services of one company from those of other companies.

The duration is ten years from the date of the application. The effective term can be extended for similar periods by paying the relevant renewal dues.

Items which do not comply with the Ruling, which lack distinctive nature and ones which are identical or similar to prior trademarks, if oppositions are filed, cannot be registered as Community Trademarks.

PROCEDURE

After carrying out the prior search, which we recommend, an application for Community Trademark undergoes the following registration process:
  • Filing the application
  • Formal examination
  • Publication in the "Community Trademarks Bulletin" with the call for any possible oppositions for three months
  • If there are no oppositions, the registration is granted
  • Issue of the relevant Registration Certificate
An opposition procedure involves bringing allegations by the opponent and an instrument of rejoinder by the applicant prior to the register’s decision.

Any decision can be appealed against.

A Community Trademark is taken out to distinguish products or services of one or more classes in the Nice Classification.

REQUISITES

The requisites for applying for a Community Trademark in Spain are as follows:
  • Details of the Applicant (s) (name, address, nationality)
  • Denomination and/or design of the trademark to be registered
  • Products and/or services for which protection is applied for
  • Power of attorney form, signed by the applicant. This is not required when we already have a general empowerment accredited at the Office for Harmonisation in the Internal market
  • Name and post of the person signing the power of attorney