Direct application to the EU Intellectual Property Office can be divided into online application and paper application. Online application costs less and only needs to be in one language. The EU Intellectual Property Office also has fast application channels, which can speed up the review process of the EU Intellectual Property Office and open the application for registration as soon as possible.
2. Trademark review
After receiving the application, the EU Intellectual Property Office will review it, and notify the applicant to make corrections within 2 months if problems are found. If it is not corrected within the specified time, the EU Intellectual Property Office will reject the application or claim in whole or in part.
Those who refuse to accept the decision of the EU Intellectual Property Office may appeal to the Appeal Committee within the EU Intellectual Property Office; Those who refuse to accept the decision of the Appeal Board may appeal to the EU General Court, and the judgment of the EU General Court may also appeal to the EU Judicial Court.
However, when examining the application for trademark registration, the European Intellectual Property Office does not take the initiative to examine whether there is a prior right, and the prior right holder can defend his rights through procedures such as objection and request for invalidation.
3. Open applications and objections
If there is no problem in the examination of the EU Intellectual Property Office, the application for registration will be published in the EU Trademark Gazette.
Anyone who thinks that the trademark applied for registration has damaged his prior rights can raise an objection within 3 months after the application is made public 1 month, and the EU Intellectual Property Office will organize the procedures of both parties and finally make a decision. If you refuse to accept the final decision of the European Intellectual Property Office, you can appeal according to the above steps. Anyone who thinks that the trademark applied for registration does not meet the requirements of trademark registration can put forward opinions to the EU Intellectual Property Office, which will inform the applicant and consider it.
4. Registration and publicity
If no objection or opinion is raised within the specified time, or the objection or opinion is not established, the EU Intellectual Property Office will register it, publish it in the EU Trademark Gazette, and issue an electronic registration certificate.
The EU trademark must be put into use within 5 years after registration, otherwise anyone can apply for cancellation of registration without using it. Anyone can also apply to the EU Intellectual Property Office for cancellation or invalidation of a registered trademark. Those who refuse to accept the final ruling of the European Intellectual Property Office may also appeal according to the above steps. Any transfer or license of a registered trademark of the European Union shall be filed with the European Intellectual Property Office.