The Legal Aspects of the Community Trade Mark

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This practical guide covers the legal aspects of the Community trade mark, an intellectual property right established by a European Council Regulation in December 1993, effective from 1 April 1996. The Community trade mark allows applicants to secure trade mark protection across all 15 EU Member States with a single registration, eliminating the need for separate registrations in each country. The system is managed by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), an EU agency. Since its inception, the Community trade mark system has seen significant success, with around 200,000 applications anticipated by the end of 2000. This guide aims to explain the workings and procedures of the Community trade mark system while highlighting potential concerns for proprietors. It is grounded in the EU Regulations that govern the system and critically analyzes their practical application. This includes an examination of administrative practices by OHIM and its divisions regarding Community trade marks, along with a detailed review of case law established by the Boards of Appeal of OHIM up to September 2000. Additionally, it addresses the ability to challenge OHIM decisions in the Court of Justice of the European Communities, incorporating relevant case law related to Community trade marks.