Presentation on theme: "Presentation by Paul Van den Bulck AMSTERDAM 24 NOVEMBER 2001 COMMUNITY TRADE MARK CONGRESS EUROJURIS INTERNATIONAL."— Presentation transcript:
Presentation by Paul Van den Bulck AMSTERDAM 24 NOVEMBER 2001 COMMUNITY TRADE MARK CONGRESS EUROJURIS INTERNATIONAL
I.Intellectual Property Group - Objectives - Activities and possible future products - Management - Creation
II. Reminder: What is a community trade mark ?
1. Community definition (art.4). 2. Examples : one or several words
1. Community definition (art.4) 2. Example: one or several words a logo
1. Community definition (art.4) 2. Example: one or several words a logo a packaging
1. Community definition (art.4) 2. Example: one or several words a logo the packaging a colour / colours
1. Community definition (art.4) 2. Example: one or several words a logo the packaging a colour / colours a sound
a taste 1. Community definition (art.4) 2. Example: one or several words a logo the packaging a colour / colours a sound a smell
3. Commercial and legal effects. 1. Community definition (art.4). 2. Example :
4. Length of the protection (art 46). 1. Community definition (art.4). 2. Example : 3. Commercial and legal effects.
III.The good raisons to register a Community trade mark
1.1. Council regulation n° 40/34 of 20 December 1993 on the Community trademark. 1. A single regulation : 1.2. All provisions of the regulation are binding and directly applicable in all Member States.
2.1. Office for Harmonization in the Internal Market. 2. A single application (art.25) : 2.2.National industrial property offices or Benelux Office of trade mark.
3.1.The Member States. 3. A single territory (art.1 er 2) :
Belgium Belgium The Netherlands The Netherlands Luxembourg Luxembourg France France Germany Germany Italy Italy 1951 1973 1981 1986 1995 United-Kingdom United-Kingdom Ireland Ireland Denmark Denmark Greece Greece Spain Spain Portugal Portugal Austria Austria Sweden Sweden Finland Finland
3.2.The enlargement. 3.1.The Member States. 3. A single territory (art.1er 2) :
Estonia Estonia Latvia Latvia Lithuania Lithuania Poland Poland Czech Republic Czech Republic Slovakia Slovakia Hungary Hungary Slovenia Slovenia Romania Romania Bulgaria Bulgaria Turkey Turkey Cyprus Cyprus Malta Malta Applicant States
4.1. The filing fees for 3 classes: 975,00 €. 4. Reduced costs 4.2. The registration fees for 3 classes: 1.100,00 €.
5.1.a single language for the filing : any language of the Union (art 115.1) 5. Languages (art. 115) 5.2.a single language for proceeding (opposition, revocation or invalidity) (art 115.2). 5.3.Conclusion : maximum 2 languages.
6.1.Transfer (art.17):- for some or all goods or services for which it is register ; - for the whole territory of the Union 6. An easy management of the trade mark 6.2.Licensing (art.22):- for some or all goods or services for which it is register ; - for a part or the whole territory of the Union.
7.1.Principle :6 months from the date of the previous filing in a Member State or a State party to the Paris Convention. 7. Right of priority (art.29 and followings)
8.1.Principle : (art 34.1) : “Possibility to claim for the Community trade mark the seniority of the earlier trade mark in respect of the Member State in or for which it is registered” 8. Possibility of claiming the seniority of a national trademark
9.1.Duty (art.15 and cross-reference to art 50) and raisons. 9. Duty of use in the territory of the Union which is easy to meet 9.2.The use can be limited to one Member State.
10.1.Courts and tribunals of first and second instance (art.91). 10. Specialised Courts and territorial jurisdiction 10.2.Territorial jurisdiction (art 94) : 10.2.1. Principle (art 94.1): The whole territory of the Union. 10.2.2. Exception (art 94.2): The territory of the Member State in which the acts are committed or threatened to be committed.
IV.How do you create your legal product ? 1.Creation of sub-groups in the group of specialists 2.Respect the principle of the confidentiality of the know-how of the specialists involved in the project 3.Prepare marketing action for all the members of Eurojuris International : speech, brochures, etc...
4.When you communicate: 4.1Focus on the advantages ; 4.2.Be as precise as possible concerning the cost ; 4.3.Avoid being exhaustive : Sanction: (1) become uninteresting, (2) place yourself out of the market.
5.1.Legal products of mass consumption. 5. Interesting products 5.2.Products for which the cost is easy to calculate. 5.3.Products with high added value ? 5.4.1.More risks but a chance of a better return ; 5.4.2.Very often “tailored products” ; 5.4.3.Product to propose in a second steps with a specific marketing.
IV.Conclusion - Intellectual Property Group - Never forget...