On 1st of May 2004, the European Union (EU) will welcome ten new member states: Estonia, Latvia, Lithuania, Poland, Czech Republics, Slovakia, Hungry, Slovenia, Cyprus and Malta.
All existing Community Trademark (CTM) applications and registrations are automatically extended into new member states without any actions required on the part of the CTM owner.
However, it is worth noting that applications filed between 1 November 2003 and 30 April 2003 are subject to oppositions based on earlier national rights in the new member states, provided that these national rights are not obtained in bad faith. Earlier means that the application or priority date is earlier than that of the CTM.
Applications filed on or before 31 October 2003 are not subject to such oppositions. It is therefore advisable to file all potential CTM applications before the end of October. After the accession of the new member states on 1 May 2004, it will be possible for the owner of an earlier national right to prevent the use of a CTM in that country provided that the national right has been acquired before the accession (i.e. on 30 April 2004 at the latest) and that it has not been acquired in bad faith. This is possible even if the national right is not earlier than the priority or application date of the CTM.
CTM applications filed on or after 1 May 2004 can be opposed based on earlier national rights as usual.
Abu-Ghazaleh Intellectual Property (AGIP) through its Outbound Office can handle all registration services in the EU and any related matters.
For the list of services, requirements and our schedule of charges for the EU,