EU Enlargement
26.12.2001
12 countries are negociating for entering in the today's 15 Member State European Union.
12 countries (Bulgaria, Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Sovenia) are negociating for entering in the today's 15 Member State European Union. It seems that 10 of them could become full Member States in January 2004.Being a Community Member State requires to accept the unitary character of the Community trademarks.Extension of the existing Community TrademarksAs from the accession date of a State in the EU, the existing trademarks or trademark applications will be automatically extended to the territory of the new Member State. This extension will occur without any further examination, publication, translation in new languages or payment of additional fees. No cancellation action will be possible against the existing Community trademarks or trademark applications.Exceptional oppositionAn exceptional opposition right will be granted to the trademark owners in the new Member States. Indeed an opposable national right having effect in a candidate state may be opposed to a Community trademark application filed 6 months before the date of accession.If a right holder in a new Member State does not exercise this exceptional opposition right, there will be no possibility to request cancellation of the CTM afterwards.Conflict with prior rights having effect in the new Member StatesHolders of earlier rights (i.e. rights registered or applied for in the new Member State at the time of accession) will have the possibility to forbid the use of the extended CTM in the new territories (Articles 106 and 107).New absolute groundsIf an existing CTM is descriptive, non distinctive or has a generic character in the official language of a new Member State, anyone in that Member State will be allowed to invoke the "fair use" exception (Article 12) when using the term covered by the CTM.If an existing CTM is deceptive or is against public policy or morality, its use may be prohibited in the new Member State pursuant to Article 106(2).
