The Legal Situation
The foundations of trademark registrations are enshrined in trademark law, increasingly harmonized across the EU, which is why it is important to take advice from lawyers. In the EU there are currently 3 options:

• Individual country registration.
• The IR trademark or "bundle" system - a centralized system for transnational protection in various defined territories. The applicant can choose the number of national territories, which are covered by this protection. After passing the centralized bundle procedure, the bundle is unraveled into individual, independent territorial rights.
• The EU Community trademark - one unitary right governed by a single community law. It is coordinated by a single organization based in Alicante, Spain. However, a community trade mark can not be registered where a prior conflicting right exists in just one member state. It is very important to have good research to minimize risk.

In our members' opinion, the Alicante research report, that is necessary prior to an application, to reveal possible identical marks, is very general, not specific or comprehensive. Some states are not participants and from 2008 the Alicante report will be even more limited in its scope.