EU ENLARGEMENT AND EXTENSION OF COMMUNITY TRADEMARKS AND DESIGNS

May 2004

With the enlargement of the European Union as of May 1, 2004, the protection of Community trademarks and designs, the latter whether registered or unregistered, has been extended automatically, i.e., without any request or payment of fees, to the new member states of the European Union: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. Thus, the enlarged EU has 25 member states and more than 450 million consumers.

The Community Trademark Office does not carry out, e.g., an additional examination on absolute grounds for CTMs with a filing date prior to May 1, 2004 nor provides for a further opposition to already published or registered trademarks. Owners of older rights in the new member states are, however, entitled to prohibit use of a Community trademark in their country; this does not affect the validity of a CTM as such.

The Community trademark and Community design now cover 25 states and offer new strategical possibilities. Therefore, it should be checked whether the current trademark and design protection by national, Community or even international trademarks or designs is still appropriate in the enlarged EU. We would be pleased to assist you in any such filing strategy.

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