Traduction de «Claiming the seniority a national trade mark » (Anglais → Français) :

Since the German provisions for the registration of a national trade mark are based on the Directive on trade marks, the Bundespatentgericht asked the Court whether the concept of ‘services’ within the meaning of that directive includes services provided in connection with retail trade in goods and, if so, whether the registration of a service trade mark in respect of such services is subject to the provision o ...[+++]f certain details

3. The national trade mark application resulting from the conversion of a Community trade mark application or a Community trade mark shall enjoy in respect of the Member State concerned the date of filing or the date of priority of that application or trade mark and, where appropriate, the seniority of a trade mark of that State claimed under Art ...[+++]icle 34 or 35.

3. The national trade mark application resulting from the conversion of a Community trade mark application or a Community trade mark shall enjoy in respect of the Member State concerned the date of filing or the date of priority of that application or trade mark and, where appropriate, the seniority of a trade mark of that State claimed under Art ...[+++]icles 34 or 35.

2. The national trade mark application or the designation of a Member State party to the Madrid Protocol or the Madrid Agreement resulting from the conversion of the designation of the European Community through an international registration shall enjoy, in respect of the Member State concerned, the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date of the extension to the European Community pursuant to Article 3ter(2) of the Madrid Protocol if the latter was made subsequently to the international registration, or the date of priority of that registration and, where appropr ...[+++]iate, the seniority of a trade mark of that State claimed under Article 153.

In order to inform the holders of existing national rights, national trade marks offices of the Member States may carry out a search for earlier national marks in their own trade mark registers, once new applications for the registration of Community trade marks have been filed.

Relationship with national trade marks The Community system does not replace the existing trade mark laws of the Member States, for which a need will continue to exist, so that Community Trade Marks will exist alongside national trade marks..