EU enlargement

15.12.2006

Two new countries (Bulgaria and Romania) will enter in the European Union on 01/01/2007



Extension of the existing Community Trademarks and DesignsAs from 01/01/2007, the existing trademarks or trademark applications and designs will be automatically extended to the territory of Bulgaria and Romania.This extension will occur without any further examination, publication, translation in the new languages or payment of additional fees.Trademarks ProceedingNo cancellation action will be possible against the existing Community trademarks or trademark applications on the basis of a national trademark of these countries.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 one of the new Member States may be opposed to a Community trademark application filed 6 months before the date of accession, that is between 01/07/2006 and 31/12/2006.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 a 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).