Does a national trademark application grant me priority in terms of a Community Trademark?

質問

I would like to know if there is any advantage to registering a national trademark in the EU before filing an online OHIM application. If I file nationally first, do I have priority for the trademark application in other European countries as well? For instance, if I file for my trademark in Germany first, then subsequently someone else tries to register a conflicting name in the UK, do I have preferential treatment on the European level? If not, what would be the purpose to apply only for a national trademark?

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弁護士

1/ I would like to know if there is any advantage to registering a national trademark in the EU before filing an online OHIM application. If I file nationally first, do I have priority for the trademark application in other European countries as well? Yes, you have a (unionist) "right of priority" of six months to go to other European (our not) countries under the priority of the first filing. For example, if you first file your trademark in the United Kingdom (national filing before the IPO), you have then exactly six months to file your trademark in the community scale, before OHIM, under the UK priority.

2/ For instance, if I file for my trademark in Germany first, then subsequently someone else tries to register a conflicting name in the UK, do I have preferential treatment on the European level? If not, what would be the purpose to apply only for a national trademark? I confirm you have preferential treatment in the European level with regard to the subsequent UK filing since you file the same trademark at Community level within six months of your German filing. Beyond this period, you can not take advantage of your prior filing against the conflicting UK one… And your previous German filing will be useless because it only protects you against subsequent filings on the sole German territory.

If the products and / or services covered by your (future) trademark are likely to be exploited throughout the EU, it may be appropriate to directly file a Community trade mark (that's what choose to do more and more European companies).

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