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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have an active Community Trade Mark originally registered

Resolved Question:

I have an active Community Trade Mark originally registered in 2004. I wanted to register a design update of that mark but due to cost decided only to get a registered UK trademark. The text is the same, the design different. However, the trademark examiner is drawing my attention to a similarly worded (different design) UK trademark taken out in 2010 and says they are too similar in the wording. He told me that the CTM does not give me official prior use for the UK. But the official Europa.eu website states: "a Community trade mark (CTM) offers you protection throughout the EU." Surely a prior registered Community Trade Mark take precedence over a more recent UK national trademark, within the UK territory?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, I agree with you that your CTM registered in 2004 takes priority over the 2010 UK trademark.

You may write a letter to the other trademark owner and notify them of your CTM. You may also make a formal application for invalidation of the UK trademark:

http://www.ipo.gov.uk/types/tm/t-other/t-object/t-afterreg/t-afterreg-invalid.htm

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