Aspects of National and Community Trademarks

Author:Constantin Anechitoae - Calin Marinescu
Position:Lecturer, PhD., Faculty of Law, 'Ovidius' University of Constanta, Romania - PhD in progress, National Institute of Economic Research 'Costin Kiritescu', Romania
Pages:134-138
SUMMARY

When Romania joined the EU on January 1, 2007, all Community trademarks (CTM), with the filing date before that date, were automatically extended and have effects in Romania. National brands do not extend across the EU. In order to obtain a Community trade mark, a single application is filled in at OHIM. It can convert a Community trade mark application into national trade mark. The registered... (see full summary)

 
FREE EXCERPT
European Integration - Realities and Perspectives
2012
134
Aspects of National and Community Trademarks
Constantin Anechitoae
1
, Calin Marinescu
2
Abstract: When Romania j oined the EU on January 1, 2007, all Community trademarks (CTM), with the
filing date before that date, were automatic ally extended and have effects in Romania. National brands do not
extend across the EU. In order to obta in a Community trade mark, a single application is filled in at OHIM. It
can convert a Community trade mark application into national trade mark. The registered community trade
mark has effect in all EU Member States, including Romania. The national tra demarks registered nationally -
at the State Office f or Inventions and Trademarks (OSIM) - are effective only in Romania and have no effect
in the European Community.
Keywords:
national trade mark; trademarks; designs; OHIM; EU
1. Introduction
By registering a community trade mark we can obtain a single document providing uniform protection
throughout the European Community. Community trademarks shall not replace any of the national and
international trademarks, but they represent, in themselves, an independent system of protection. The
seniority of a national mark may be invoked, i.e. a Romanian holder is entitled to the seniority of the
trade mark previously registered in Romania. CTM protection is not binding, nor exclusive, and trade
companies interested in the protection of trademarks in the European Union can protect their
trademarks nationally and internationally (under the Paris Convention).
2. Ways to Protect a Trademark in the European Union
When Romania joined the EU on January 1, 2007, the Community trade mark extended its validity on
the Romanian territory, becoming enforceable against those national and international trademarks
designated for Romania.
Nowadays, there are several ways to protect a trade mark in the 27 countries of the European Union,
namely:
1. Filing an application for registration in each European Union Member State;
2. Naming the European countries through the Madrid System;
3. Filing an application for a Community trade mark (CTM registration);
4. Naming the European Union through the Madrid system (for countries that are members of the
Madrid Protocol).
1
Lecturer
,
PhD., Faculty of Law, „Ovidius” University of Cons tanta, Romania, Address:
1 Universitatii Alley, Constanta,
Romania, Tel.: +40241694330, Fax: +40241511512, Corresponding author: anechitoae@yahoo.com
2
PhD in progress, National Institute of Economic Research “Costin Kiriescu”, Romania, House of Romanian Aca demy,
Calea 13 Septembrie, Bucharest, Romania, Tel.: +40318.81.06, E-mail: marinescu@nordmarine.com

To continue reading

REQUEST YOUR TRIAL