SONN Patentanwälte – IP Attorneys

EU-Enlargement

The European Union was enlarged on May 1, 2004 by ten new Member States (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia). With the date of accession, a Community trade mark and design registered or applied for before the date of accession is extended automatically to the territory of the new Member States.

CTMs that have been applied for or registered before accession will not be translated or published in the new languages. However, from the date of accession, the new official languages of the Member States will become official languages of the EU and therefore all CTMs applied for on or after that date will be translated into the new official languages.

As established by Article 142a(4) CTMR, there is no possibility of contesting the validity of a CTM applied before the accession as to absolute grounds which only apply because of the accession of new Member States (e.g. rejection of the application because of descriptiveness in Hungarian or Polish). Earlier rights acquired before accession in candidate countries may be relied on to oppose pending CTMs. This possibility will arise where the CTM applications were filed in the 6-month period before accession, by virtue of an exceptional "opposition right".

Under certain circumstances, there will be a right to restrict use of the CTM in the territory of the new Member States. Holders of earlier rights in new Member States can enforce their rights against extended CTMs as provided by their national legislation, provided that the earlier right was registered, applied for or acquired in good faith in the new Member State prior to the date of accession of that State.

Please find more information on this subject on » http://oami.eu.int/de/enlargement/.