UK Trade Mark –V- Community Trade Mark

4 January 2010

Other than costs, the following is a non-exhaustive list of the similarities and differences between the two different territories:

UK Trade Mark- The organisation/body that deals with the trade marks is the United Kingdom Intellectual Property Office (“UKIPO”)        

Community Trade Mark - The organisation/body that deals with the trade marks is The Office of Harmonisation in the Internal Market (“OHIM”)

Covers England, Scotland, Wales and Northern Ireland                  

Covers all 27 member states in the European Union

Registration gives the proprietor the right to sue for trade mark infringement any person who uses an identical or similar mark in connection with identical or similar goods without authorisation, where the use has caused or is likely to cause confusion (section 10(2), Trade Mark Act 1994).

Registration gives the proprietor rights against various acts of infringement such as using the mark on goods or packaging; offering goods, putting them on the market or stocking them for commercial purposes; importing or exporting goods and using it on business papers and in advertising.    

 

Is valid for 10 years                                                                                         

Also valid for 10 years

Is Renewable for periods of 10 years                                                     

Also is renewable for periods of 10 years

The application process takes approximately 4-6 months             

The Application process takes approximately 12-18 months

 

In both territories, the costs vary, depending on the number of classes you will want to register the mark under. For more information on this, please see our Costs Calculator at:

http://www.trademarkroom.com/

Tim can be contacted via email on tim@trademarkroom.com.