Only day of registration relevant with community trademark prioritization
The exact time of the brand registration should not be considered, when the priority of a community trademark over a national trade mark is in question.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: The hour and minute of the trade mark registration at the Office for harmonization of the internal market (Harmonisierungsamt für den Binnenmarkt - HABM) should be considered, as recently ruled by the European Court of Justice. In reference with a Spanish court, the ECJ made a clear ruling on the 22.03.2012 (C - 190/10) that the term "registration day", according to article 27 of the Community trademark regulations (Gemeinschaftsmarkenverordnung GMV), is not specific enough to determine the priority of a community trade mark.
Even if the national regulations for registration of the national brand take into consideration the hour and the minute of submission, the aforementioned should still be relevant according to the judgment. The protection of trademarks should be understood as a dual-system on both the national and community trademark levels.
Brand rights can exist on national, European and international levels. Depending on the brands market establishment and brand identity strength this can be of substantial value. A trademark can be a considerable asset depending on its popularity and strength of identification. Therefore brand owners should mark off the effective business territory, especially at registration.
An experienced lawyer will advise you regarding the brand registration, administer registered trademarks, and protect the brand owner's rights against injuries.
Trademark law is part of the protection of intellectual property. Trademark law in the Federal Republic of Germany is a component of the legislation that protects the labeling of products in commercial trade. Trademarks can be recognized on a national, European and international level. An effective protection of trademarks is becoming more and more important in times of globalization.
Consult a lawyer if you would like to protect a brand on national, European and international levels or would like to have checked if your brand is protected.
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