Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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Double-filing of applications: a reader asks Class 46
A reader has written in with a couple of questions.
1. Why is it better to file a national registration and also an EU registration if we're trading throughout the European Union? She adds: "It seems to me that the answer would partly be that it would give an applicant additional security in its own jurisdiction in the event something happens to the EU registration, but I'm sure there must be more to it than that?"
2. Is it better to base an international registration on a national application for the same reason? She adds: "I'm not sure what other justification there is for this".
Readers are invited to offer their comments and responses. Additionally, if they can point to some good literature on the justification of double-filings, our correspondent would appreciate the chance to read it.
Posted by: Blog Administrator @ 10.19Tags: double filing,
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19 April 2010 @ 10.17
I am sorry that I did not post my comments earlier. I was a bit thrown by the assumptions in the post. 1. Who says it is better to double file? I cannot see why it would be. Some very large companies practice this, but it is because they can afford to be extra super careful, but I still have not heard one reason to do this. 2. I would always wish to base my Protocol on a national registration, but before deciding this (if you are based in the EU) you should consider what your home country is, how realiable is the examination and how fast is the office. If it is very slow, you may consider basing it on a CTM application, but only if you have done enough searching so that you are sure that the chances are quite good. It all depends on your need (or not) for safety. If it is a small (i.e. not vital for business reasons) product, you can afford to take more chances. If it is a big and business crucial project, you will need to do more searching and take less risks. How to search and file and how much to invest in it are really risk management decisions today. Hope this helps.
