effects of single jurisdiction TM in EU

Question

Hello everybody, thank you for your kind attention.

If we register a trademark in only one jurisdiction within the EU, does this have any effect on someone else registering it in another EU country?

Does it affect a subsequent OHIM registration?

Answers: 2 public & 0 private

Peter mueller
Lawyer

No, you can only hinder someone else registering the same or a confusingly similar trademark with OHIM. Given that the registration with OHIM is not too expensive, you should consider registering your trademark as Community trademark.

Matthias berger   ausschnitt
Lawyer

I agree with Peter that you should consider applying for a Community trademark (CTM), particularly, if you are concerned that competitors might use the same mark in other EU Member States.

Even though you could stop the registration of an identical or similar CTM, or the use of such mark in the country where your national mark is protected, the CTM applicant could still convert its application into national marks in all Member States where your trademark is not protected.

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