EIRP Proceedings, Vol 3 (2008)

Abstract

The CTM's mainfeatures are the following:
- unitary character - the rights c red by the CTM registration will be identical in all the European Union
("EU")" member states (the depiction ofthe mark, the service andgoods covered).
— coexistence with the naţional marks — a CTM can be registered and protected irrespective ofwhether the right
holder has already filed or registered the same mark or not with a naţional office.
- extension ofthe CTM- the CTM (applications or registrations) will automatically extend to the territorry
ofthe new EU members, without being necessary tofulfill any further formalities or topay additionalfees.
- seniority - ifthe owner of a naţional registration files the same mark again at the OHIM, he can claim the
seniority ofthat naţional mark, allowing tofurther abandon the naţional mark while mentaining the earlier rights.
- conversion - the mark holder may require the conversion of its CTM in naţional mark in case its CTM
application was refused, withdrawn or the registration is revoked or cancelled in one or more countries.