The Community Trademark and the Office for Harmonization on the Internal Market (OHIM)

• Author: Cornel Grigorut - Calin Marinescu
• Position: Professor, PhD, 'Ovidius' University of Constanta, Romania - PhD in progress, National Institute of Economic Research 'Costin Kiritescu', Romania
• Pages: 347-350

Legal Sciences

347

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The Community Trademark and the Office for Harmonization on the

Internal Market (OHIM)

Cornel Grigorut

1

, Calin Marinescu

2

Abstract: The registration of products and s ervices through the Community trade mark give them an

extended protection, acc eptable throughout the European Union (EU). By means of a single registration,

protection i s obtained in all the 27 Member States and the previously r ecorded Community t rademarks or

those presented for registration automatically extend their eff ects in the countries that will join the European

Union. The advantage of registering a Community trade mark is highlighted by minimal registration costs,

extended protection across the EU and a minimal time to become legal, for the benefit of exporters and of

those providing services, in order to avoid divergence (payment of damages) and conflicts with the

companies and businesses in this area.

Keywords: trade; marks; designs; OHIM; EU

1 Introduction

The existence of an international system for the registration of trade marks and the creation of the

community trade mark allows a holder to benefit from a much larger protection in terms of the

geographical area. Harmonization in the context of trademarks is desirable, as it provides the skeleton

on which the holders of trade marks can plan their marketing strategy, while being sure that their

trademarks are protected in different countries with in the same or in a similar way.

The European Union is one such area where suppliers of goods and services can benefit from a unique

protection in all Member States.

Unlike the international registration system, that requires registration only in several countries of

interest, the Community trade mark confers registration in all 27 countries and the most advantageous

way for exporters and service providers within the European Community.

2 The Community Trade Mark

The community trade mark, as any other industrial property right, is a vital element of

corporate strategy. The increase of the brand value leads to broadening and strengthening the

market share held by the company. On January 1, 1993, the freedom of movement for goods,

services and people within the European Community has given a European dimension to the

trade practiced by a large number of companies, this date becoming a landmark for the

community trade mark. These companies, who were conceiving their strategy in the area of

industrial property in relation to their main market, which often was the national market, were

1

Professor, PhD, „O vidius” University of Constanta, Romania, Address: 1 Universitatii Alley, Constanta, Romania, Tel.:

+40241694330, Fax: +40241511512, Corresponding author: cornel.grigorut@gmail.com.

2

PhD in progress, National Institute of Economic Research “Costin Kir iescu”, Romania, House of Romanian Academy,

Calea 13 Septembrie, Bucharest, Romania, Tel.: +40318.81.06, E-mail: marinescu@nordmarine.com.