5.2. PROTECTION OF TRADEMARKS IN THE EU

The Community trade mark offers the advantage of uniform protection in all countries of the European Union on the strength of a single registration procedure with the Office for Harmonization.
Prior to the introduction of the Community trade mark, companies could protect their trade marks throughout the European Union in two ways: nationally and internationally. Registration at national level involves registering identical trade marks in each Member State of the European Union. Registration at international level makes it possible to obtain a number of trade marks the effects of which, in each of the countries party to the Madrid Agreement or the Madrid Protocol designated by the applicant, are the same as national registration. This involves applying to the World Intellectual Property Organization in Geneva on the basis of a trade mark already applied for and registered in a country party to the Agreement or the Protocol. This route is available only to companies having their headquarters or a real and effective establishment in those countries.
The Community trade mark is both an alternative to, and complementary to, the two previous procedures: each of the three types of trade mark offers a level of protection adapted to specific business needs. The national trade mark offers protection limited to the market of a single country. The Community trade mark offers protection for the entire market within the European Union. The international trade mark meets the particular needs of those who wish to obtain protection also in the countries outside the European Community.