Community Trademark Application, Examination, and Opposition Process

The European Union has a Community Trademark system in place in which registration of a trademark in a Member State grantees trademark protection in all EU Member States. Nonetheless, opposition to a Community Trademark application can be filed by owners of earlier rights within 3 months from the date of publication in the Official Gazette. This article offers a brief description of the EU Community Trademark system and the trademark opposition process.

The following questions have been addressed in this article:

Who does perform the Community Trademark examination?
Is there legal protection while the registration is pending?
Does the product have to be clearly marked to receive trademark protection?
How would a previous user become notified of a trademark application?
Can a Community Trademark registration be opposed?

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