EIRP Proceedings (May 2008)

MARCA COMUNITARĂ

  • Daniela Marin

Journal volume & issue
Vol. 3, no. 1
pp. 337 – 344

Abstract

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The CTM's mainfeatures are the following:- unitary character - the rights c red by the CTM registration will be identical in all the European Union("EU")" member states (the depiction ofthe mark, the service andgoods covered).— coexistence with the naţional marks — a CTM can be registered and protected irrespective ofwhether the rightholder has already filed or registered the same mark or not with a naţional office.- extension ofthe CTM- the CTM (applications or registrations) will automatically extend to the territorryofthe new EU members, without being necessary tofulfill any further formalities or topay additionalfees.- seniority - ifthe owner of a naţional registration files the same mark again at the OHIM, he can claim theseniority ofthat naţional mark, allowing tofurther abandon the naţional mark while mentaining the earlier rights.- conversion - the mark holder may require the conversion of its CTM in naţional mark in case its CTMapplication was refused, withdrawn or the registration is revoked or cancelled in one or more countries.