The trademark is a graphical sign, that distinguishes the goods or services of a 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 the business competition. It also has an important role in advertisement once the trademark becomes well-known - it indicates the entire image of the product/service for the customers and clients.

Basic condition is that the trademark should be discinctive from others- no similar trademark should be present on the same market. In case of a successful registration the trademark provides exclusive right for the holder to use the mark in the territory of the European Union. There is no time limitation to the use of the trademark, the CTM may be renewed as many times as required. The ® symbol is not a condition of the protection in Europe: you do not need to use the symbol to exercise your rights, but since this is the official sign of the protection, which is well-known all over the world, its use gives an additional value to the symbol of your own trademark.

The Community Trademark enjoys protection in all member states of the European Union. The EU authority for registering marks is OHIM (The Office of Harmonization for the Internal Market). Its responsability is to make sure, that the trademark application filed does not harm the interests of any, already existing trademarks. The scope of this investigation is however limited, as it does not include any of the national databases. There is an opposition system also for CTMs, which helps to ensure trademark holders, that their trademark is safe and is not copied or stolen by others. Any right holder of a valid and effectively used national trademark can file an opposition, as well as the owners of EU trademarks. In case of infringement legal protection can be sought before national authorities.

An increasing number of applicants are receiving unsolicited e-mails from unofficial registration services asking for money in connection with Community Trade Marks and Registered Community Designs. It has become a common practice of certain entities to approach the applicants and to offer their services and to make fee requests (usually in the form of debit notes) after the Community Trade Mark has been published in the CTM bulletin. These are almost always fraudulent fee requests.

If you receive such a letter or invoice, please check carefully what is being offered to you and whether it comes from an official source. If you receive an invoice concerning the trade mark application from anyone different from your trade mark attorney or an approach from any other company, please contact your attorney or the OHIM. Usually these companies have no connection with OHIM or your representative.