In the EU, a single legal system applies to trade marks, providing uniform protection throughout the Union. The Community trade mark is unitary in nature and gives proprietors exclusive rights to prohibit any third party from using the sign in their commercial or industrial activities. Decisions are applicable throughout the Union. This avoids the need to prosecute infringers in each member state. The enlargement of the European Union is likely to result in a few years time, further increasing the territorial scope of Community trade marks.
Euros only needs to be paid once no obstacles remain to the trade mark being granted.
A registered trade mark is valid for 10 years and can be renewed. Oppositions may be filed by proprietors or applicants of earlier trade marks in member states of the EU or earlier international registrations with effect in at least one of the member states or earlier community trade marks. Any decision taken by the OHIM in respect of Community trade marks can be appealed before the Boards of Appeal. Interestingly, around 70 per cent of these oppositions are settled on a friendly basis. The settlements are inevitable for fear of heavy penal payments arising out of failure to win the case before the Boards of Appeal.