registration?
According to Articles 34 and 35 of the CTM Regulation, an
applicant who seeks registration of a CTM may claim the seniority
of earlier national or regional registrations of the same mark of
which they are the proprietor. If the application proceeds to a CTM
registration then if the national registration subsequently lapses or
is abandoned then the CTM is deemed to provide, at the national
level, the same protection as the protection that would be afforded
by the earlier national registration.
Rights arising from this seniority provision will cover the full earlier
national specification if the seniority is claimed prior to the CTM
registration; they will be limited to the goods or services covered by
the specification of the CTM, if claimed after the registration.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
