Community Trade Mark

A European Union trade mark or EU trade mark (abbreviated EUTM; named Community Trade Mark (CTM) until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU).

The EU trade mark system creates a unified trade mark registration system in Europe, whereby one registration provides protection in all member states of the EU. The EU trade mark system is unitary in character. Thus, an objection against an EU trade mark application in any member state can defeat the entire application, an EU trade mark registration is enforceable in all member states.

The EU trade mark system is administered by the European Union Intellectual Property Office, which is located in Alicante, Spain (see also trade mark law of the European Union).

The EU trade mark gives its proprietor a uniform right applicable in all Member States of the European Union on the strength of a single procedure which simplifies trade mark policies at European level. It fulfils the three essential functions of a trade mark at European level: it identifies the origin of goods and services, guarantees consistent quality through evidence of the company's commitment to the consumer, and is a form of communication, a basis for publicity and advertising.

The EU trade mark may be used as a manufacturer's mark, a mark for goods of a trading company, or service mark. It may also take the form of a collective trade mark: properly applied, the regulation governing the use of the collective trade mark guarantees the origin, the nature and the quality of goods and services by making them distinguishable, which is beneficial to members of the association or body owning the trade mark.

The EU trade mark is obtained by registration in the Register kept by EUIPO. When registered, transferred or allowed to lapse, the effect of such action is EU-wide. It is valid for a period of 10 years and may be renewed indefinitely. The rules of law applicable to it are similar to those applied to national trade marks by the Member States. Companies will therefore find themselves in a familiar environment, just on a larger scale.

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