Extension of the Effects of EUTMs to the New Member States on Enlargement of the European Union
The following basic principles have governed the extensions to Cyprus, the Czech Republic, and others from May 1, 2004, to Bulgaria and Romania from January 1, 2007, and to Croatia from July 1, 2013 of EUTMs filed and/or registered before that date as regards possible conflicts with national trademarks in the new Member States.
(A) Upon enlargement, all previously registered EUTMs are extended to the new Member States automatically, without administrative action of any kind and without payment of fees.
(B) Earlier national trademarks in the new Member States do not provide a basis for invalidity of an EUTM registered before enlargement. The holder of an earlier national right will only be entitled to oppose use of an EUTM automatically extended to his or her country, provided that the earlier national mark is incontestable and was not applied for in bad faith.
(C) EUTMs applied for but still pending registration at the time of enlargement will also be automatically extended to the new Member States. The holder of an earlier national right in those countries is only entitled to oppose EUTM applications filed from November 1, 2003 (for the 2004 enlargement), from July 1, 2006 (for the 2007 enlargement), and from January 1, 2013 (for the 2013 enlargement), again provided that the said national right holder has not acted in bad faith.