Trade mark applications covering the whole of the European Community are filed at the Office for Harmonisation of the Internal Market (OHIM).
The application is for all Community states as follows:
(AT) Austria; (BE) Belgium; (CY) Cyprus; (CZ) Czech Republic; (DE) Germany; (DK)Denmark; (EE) Estonia; (ES) Spain; (FI) Finland; (FR)France; (GB) United Kingdom; (GR)Greece, (HU) Hungary; (LT) Lithuania; (LV) Latvia; (IE) Ireland;, (IT) Italy, (LU) Luxembourg; Malta; (NL) Netherlands; (PL) Poland; (PT) Portugal; (SE) Sweden; (SK) Slovakia; (SL) Slovenia.
There are a few accession states in negotiation to join the European Union. As these states join the EU, Community trade marks will be automatically extended to cover these states, subject to existing prior trade mark rights in those accession countries.
The community offices search report on the mark comprises a search carried out through previously filed Community trade mark applications, and searches by most of the National Trade Mark offices of the respective national states. The office examines the mark on absolute grounds of registrability. It is a condition of registration that a mark is capable of distinguishing one proprietor's goods from another's. The office does not examine the mark on relative grounds, relative to earlier filed marks. There is a three month opposition period in which third parties may oppose registrations of marks.
Once granted, the registration covers the whole of the European Community and is renewable indefinitely in 10-year periods.
Requirements for foreign associates:
- Representation of the mark, as either words or a logo; a description of a sound or smell; a photograph or drawing of the shape of goods.
- Full list of goods/services for which the mark is being registered, name of applicant, priority details (if any), a power of attorney will be required shortly after filing.
- Name and address of trade mark applicant.
No notarisation or legalisation is required.