Harmonization has long been a central concept of European trade. The ability of two or more nations to interact with one another as though they were one has evolved into the present day European Union consisting of twenty-seven member states, sixteen of which use a common currency, the Euro. Citizens of the EU travel, live, move and speak freely within these borders. As a result, war has been non-existent for over sixty years and many prices have been reduced due to the common goals of many nations. Consequently, it follows that registering a trademark in Europe would be a community ideal rather than a country specific requirement. As such, one generally registers a Community Trade Mark rather than a National Trade Mark.

Indeed, the advantages of registering a European Community Trade Mark are enormous.

1. The costs are considerably less as one is not obligated to register in each country separately.
2. The paperwork is not as burdensome as applying to multiple nations.
3. The trademark is protected throughout the whole European Union.
4. This system is better suited to protecting global businesses and in particular internet based business models.
5. Less chance of duplication and symbols that are too similar, resulting in fewer disputes.
6. Diminishes language barriers as all correspondence for one file is in one uniform language.
7. Use of the trademark is automatically inclusive when and if new member states join the union. Therefore, protection of the trademark is expanded without any further work on the part of the owner.

Located in Alicante, Spain, the OHIM (Office of Harmonization in the Internal Market), is the “official trade marks and designs registration office of the European Union”. A CTM (community trade mark) is issued for ten years and is renewable thereafter in ten year increments. To avoid revocation of the CTM, it must be used within the first five years.

Additionally, although, a National Trade Mark may be registered, should the owner not wish full global protection throughout all EU states, all national trade marks are just as valid as community trade marks. For example, should a CTM be registered and the owner of a national trade mark disputes the registration, generally speaking the trademark that was registered first and in use would prevail. But the onus is on the owner to bring this fact forward as the OHIM does not research conflicts when administering new registrations.

In order to register a community trade mark, one usually follows the following steps:
1. File an application directly at the OHIM or at any of the twenty-seven member national patent and trade mark offices. Applications from the Netherlands, Belgium and Luxembourg are normally filed at the Benelux Trade Mark Office.
2. The form may be completed in any of the twenty-two member languages but a second language must also be chosen from Spanish, German, English, French or Italian.
3. The application must contain a request for registration, the applicant's information, a list of goods or services for which the CTM pertains, a graphic of the trademark, and payment of the fee.

In regards to the payment, separate basic fees are required depending on whether an online application or hard copy form. Also, if more than three classes of goods and services are chosen, there is a fee structure for each additional class. In order to guard the filing date, payment must be received by the OHIM within one month.

Big thank you to "Registering a Trademark" for their help on this page. We wouldn't have done it without them!