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TrademarksThe EU-wide Community Trademark (CTM) can be obtained via a single languageapplication to the Office of Harmonization in the Internal Market (OHIM) in Alicante,Spain. It lasts ten years and is renewable indefinitely. For companies looking to protecttrademarks in three or more EU countries the CTM is a more cost effective option thanregistering separate national trademarks.On October 1, 2004, the European Commission (EC) acceded to the World IntellectualProperty Organization (WIPO) Madrid Protocol. The accession of the EC to the MadridProtocol establishes a link between the Madrid Protocol system, administered by WIPO,and the Community Trademark system, administered by OHIM. As of October 1, 2004,Community Trademark applicants and holders are allowed to apply for internationalprotection of their trademarks through the filing of an international application under theMadrid Protocol. Conversely, holders of international registrations under the MadridProtocol will be entitled to apply for protection of their trademarks under the CommunityTrademark system.Key Links: http://oami.europa.eu/ and http://www.wipo.int/madrid/enDesignsThe EU adopted a Regulation introducing a single Community system for the protectionof designs in December 2001. The Regulation provides for two types of designprotection, directly applicable in each EU Member State: the registered Communitydesign and the unregistered Community design. Under the registered Community designsystem, holders of eligible designs can use an inexpensive procedure to register themwith the EU’s Office for Harmonization in the Internal Market (OHIM), based in Alicante,Spain. They will then be granted exclusive rights to use the designs anywhere in the EUfor up to twenty-five years. Unregistered Community designs that meet the Regulation’srequirements are automatically protected for three years from the date of disclosure ofthe design to the public.Key Link: http://oami.europa.eu/Trademark ExhaustionWithin the EU, the rights conferred on trademark holders are subject to the principle of"exhaustion." Exhaustion means that once trademark holders have placed their producton the market in one Member State, they lose the right to prevent the resale of thatproduct in another EU country. This has led to an increase in the practice of so called"parallel importing" whereby goods bought in one Member State are sold in another bythird parties unaffiliated to the manufacturer. Parallel trade is particularly problematic forthe research-based pharmaceutical industry where drug prices vary from country tocountry due to national price Regulation.Community wide exhaustion is spelled out in the Directive on harmonizing trademarklaws. In a paper published in 2003, the Commission indicated that it had no plans topropose changes to existing legal provisions.Key Link: http://ec.europa.eu/internal_market/indprop/tm/index_en.htm2/18/2010 Country Commercial Guide for France 30INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICEAND U.S. DEPARTMENT OF STATE, © 2010. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.