by Paul D. Supnik
A federal registration covers the entire country; the European mark covers the entire community. State common law rights can be the basis of an opposition or cancellation preventing acquisition of a registration; rights acquired under the law of a member state of the Community mark can be the basis of a valid opposition preventing registration of the mark. State law registrations are generally based on use; national registrations in Europe generally need not be based on use. Enforcement can be in any court, whether state or federal; enforcement of community mark is limited to those designated by member states. Cost is very expensive compared to US registration, however, less costly if registration of several countries is contemplated. Also, cost becomes reduced in relationship to the cost per class if a multiple class application is filed.
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