About trademarks

The trademark is a graphical sign. It distinguishes the goods and services of one company from other identical or similar products and services of the competitors on the market. Therefore a trademark is always connected to certain goods and services. It is the most powerful instrument in business competition. It has role in advertisement and in indicating quality and origin.

Novelty of mark is not a condition for registration, but no similar trademark should be present on the same market, also the sign should be distinctive. In case of successful registration the trademark provides exclusive right for the holder to use the mark in the territory of the European Union. There is no limitation on the term of the protection, the CTM may be renewed as many times as required. The ® trademark symbol is not a condition of the protection in Europe: you do not need to use the symbol to exercise your rights.

The Community Trademark enjoys protection in all member states of the European Union. The EU authority for registering marks is OHIM. It examines marks only as to the absolute grounds of refusal. In respect of relative reasons of refusal OHIM completes a search report, the scope of this search is however limited, as it does not include any of the national databases. Opposition system is applied also for CTMs. Any right holder of a valid and effectively used national trademark can file an opposition, besides the owners of EU trademarks. In case of infringement legal protection can be sought before national authorities.