Attempting to restrict the use of Community trade marks

EU: Parliamentary questions. Subject: Use of Community trade marks in the internal market 

1. In view of the necessity to fight effectively against massive importation of counterfeited and pirated goods into the single market, there is a strong need to be able to seize and withdraw these goods under the EU Customs Regulation at all of the EU's external borders, irrespective of the place of importation.

As far as trade mark piracy is concerned, the use of a Community trade mark currently confers such seamless protection everywhere in the EU and accordingly makes effective seizures possible at all external borders of the EU. Therefore, it is essential that the benefits of Community trade marks are not hampered by the introduction of a new requirement, according to which the use of a Community trade mark within one Member State is not sufficient for a company to enforce its own property rights in the single market.

2. Is the Commission aware that some Member States are currently attempting to restrict the use of Community trade marks through the introduction of a new requirement, according to which the use of a Community trade mark within one Member State is not sufficient?

3. Is the Commission aware that this not only impedes the effective combating of trade mark piracy, but also hampers access to the Community trade mark for SMEs?

4. Can the Commission confirm that it will counter these attempts by Member States in an effective way?

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