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Registration of Community trade mark (CTM) and international trade mark under Madrid convention

Written by Атанас Костов

Today's economic realities require a new approach to the market environment and fair protection to offered and marketed products. Intellectual property is one of the most powerful legal ways of prevention against unfair competition and other unfair market practices.
Filing and registration of trade mark in the 28 member states of the European Community through the so-called community trade mark (CTM ) is an adequate and flexible response to the compelling and trade orientated modern managers. If you want to protect your product not only in Bulgaria but also in the EU this is the best way to protect and position the brand. The above is also valid the so-called international brands, registered under the Madrid Agreement and Protocol . Our law company IUSAUTHOR is widely experienced in the field of protection of international trade marks. What are the characteristics of the international trade marks?

Registration of Community trade mark (CTM). An important element concerning international trade is the one option currently offered by the Bulgarian legislation. Now with just one application developers in Bulgaria are able to register a trademark, valid within the European Union. This is achieved though the so-called application for a Community trade mark - CTM submitted to the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain. OHIM examines whether the application for a Community trade mark (CTM) meets all the formal criteria required and published in its official bulletin. Only after this begins the three months period for objection. On both made application for a Community trade mark – (CTM) and occurred later registration can oppose only the holders of earlier rights - applicants and holders of right of priority and / or owners of Community trade mark (CTM) and owners of earlier national rights in respect of identical or similar marks. If the interdepartmental procedure results with failure to register, the applicant has the option to appeal to the Commission's Division of the OHIM in Alicante.

The cost for registration of a Community trade mark (CTM) offered by IUSAUTHOR is 2000 Euros. It covers all administrative expenses for the survey and legal fees including.

International trademark registration may be implemented in the context of the provisions of the Madrid Agreement and Protocol. This registration takes place at the International Bureau of World Intellectual Property Organization (WIPO) in Geneva. It is important to note that the combination of the legal outcome of the two systems leads to a reduction in administrative costs for fees, simplifies complex and related to time and resources administrative procedures, thereby expanding and the scope of protection and the territorial range of demand prevention, applied to or registered trademarks.

The price for international registration of trademark under Madrid Agreement and Protocol, which offers firm IUSAUTHOR is 2000 Euros. It covers administrative expenses for the survey and application and also legal fees. Unlike the price in European brands, however, which is a fixed fee (2000 Euro), the total price for registration of international brand includes various national fees, each designated by the country under the Madrid Agreement and Protocol sets alone. The price for filing an international brand from 2000 Euro always is recalculated in the end because includes also these national fees, depending on those countries and different for each country.

IUSAUTHOR is happy to offer any company or individual professional advice on preparing the necessary documentation and filing of Community trade mark - CTM or international trademark.