What are the conditions for EU trademark registration? The EU trademark is a foreign trademark. The process of applying for EU trademark registration is different from that in my country, and the required materials are also different, especially the distinctiveness of the trademark. Therefore, Intellectual Property Rights will introduce to you what are the conditions for EU trademark registration? I hope this knowledge can help you solve the corresponding problems.

1. What materials are needed to apply for EU trademark registration?

(1) Application conditions

There are no basic registration requirements. Any natural or legal person in the country who wishes to obtain trademark protection in the EU.

(2) Preparation of materials

1. Letter of authorization: provided by our company, signed and stamped by the applicant;

2. Copy of applicant’s identity certificate 1 copy;

3. Applicant’s name and address in Chinese and English;

4. Category and name of goods/services to be protected;

5. Trademark drawing.

(3) Registration procedures

1. Entrust an agent in the EU to submit an application to the European Intellectual Property Office (EUIPO). The authority will accept the trademark application that is deemed to meet the conditions. Give the application date and application number;

2. After acceptance, the Intellectual Property Office will conduct a prior trademark search, and at the same time submit the application to each member state for prior trademark search. Each member state shall within 3 months Send the search report to the Office for Harmonization in the Internal Market;

3. After receiving the search reports from each member state, the Intellectual Property Office will provide the applicant with the search report together with the Office’s search report;

4. The Intellectual Property Office does not conduct a substantive examination of the applied trademark. If the application is initially accepted for registration, it will be announced. The opposition period is 3 months from the date of announcement. Any natural person or legal person in the 25 member states has the right to object to the trademark. No If the objection or objection is not established, the trademark will be registered;

5. If the trademark applied for registration by the applicant is rejected (including the application for a homogeneous trademark is rejected due to objections raised by someone in a member country), the applicant can If the EU trademark is converted into a separate trademark application in one or several countries within three months, the original filing date and priority date will also be enjoyed.

6. If the applicant’s trademark application for registration is rejected and the applicant is dissatisfied, he can apply to the European Union Trademark Review Board for review. If there is reason to believe that the European Union Trademark Review Board’s review ruling violates the Treaty of Rome or the ***In the case of the Domestic Trademark Regulations, you can also appeal to the European Court of Justice in Luxembourg.

II. Regulations on EU trademark infringement

1. Use a trademark that is identical or similar to another’s EU trademark in any EU country, and use it on similar goods/services.

Use a trademark that is identical or similar to an EU-registered trademark that someone else has acquired a high reputation for on non-similar goods/services.

2. Each EU country must designate a special court to handle EU-registered trademark infringement lawsuits, as well as accompanying lawsuits to cancel EU-registered trademarks or declare them invalid. When the court reviews the above-mentioned cases, the European Union trademark law shall be applied in pure EU trademark dispute cases, and when it comes to damages compensation issues, the law of the country where the dispute is located shall be used.

3. Under a special agreement reached by both parties, an infringement lawsuit can be filed in the country where the defendant is based or where the main business place is; otherwise, the infringement lawsuit should be filed in the country where the plaintiff is domiciled or where the main business place is. If neither party has a residence or business place in any EU country, the infringement lawsuit should be filed in Spain. The courts established by EU countries to accept EU trademark infringement lawsuits have jurisdiction over all infringements that occur within the EU.

4. Infringement litigation can also be filed in the country where the infringement occurred, but the jurisdiction of the court in that country will be limited to damages for the infringement in that country.

The above is what are the conditions for EU trademark registration? of the entire content. After reading this, I believe you have a certain understanding of trademark transfer. If you need to register or purchase an EU trademark, please consult a professional intellectual property consultant. EU Trademark Registration Process EU Trademark Registration