What is the process for registering an EU trademark? What is involved in the process of registering an EU trademark? The editor will share with you the compiled EU trademark registration process for reference only!
EU trademark registration
1. EU trademark fees are low. You only need to apply for registration once and you can use the trademark throughout the fifteen member states of the European Union. Compared with filing applications separately in each member state, the cost is significantly reduced;
2. Centralization of protection procedures. A trademark registration can obtain protection from the 15 EU member states, and the ruling on trademark cases will be implemented in all EU countries;
3. A registered trademark can only be used in one EU country. The use of a trademark in any country in the EU is sufficient to counter an application for cancellation on the grounds of non-use of the trademark;
4. EU trademarks enjoy Paris Convention priority. If the same trademark is used for one or more designated goods or services, it will enjoy priority when applying for a homogeneous trademark 6 months after the application in a member state of the Paris Convention;
5. Already registered in a For registered trademarks published by EU member states, priority can be requested when applying for an EU trademark.
6. Not only traditional trademarks such as words and logos can be registered, but new trademarks such as sounds, smells, product appearance and structures can also apply for registered trademarks in the EU;
7. An EU trademark application can cover up to 3 categories of goods or services. If there are more than 3 categories, additional fees will be charged for each category.
Required materials for EU trademark registration application
1. To apply as a legal person, attach 1 copy of the "Business License" or valid registration certificate; to apply as a natural person, attach 1 personal identity document
2. 5 copies of trademark drawings, which must be clear and of good paper quality. If it is a color trademark, you need to submit 1 black-and-white draft and 5 color drafts; the size should not be less than 5cm?5cm, and the maximum should not exceed 10cm?20cm;
3. Fill in one application form, which must be submitted by the applicant Signed by a person or signed by an agent
4. List the goods or services sought to be registered and indicate the trademark category, which can be queried from the Trademark Classification Table on this website.
5. EU trademark registration power of attorney, the applicant must sign and seal the power of attorney
EU registrable trademarks
1. EU trademarks can Including any marks that can be represented by diagrams, especially words, including names, patterns, letters, numbers, and product shapes
2. Its packaging appearance, as long as these marks can distinguish the use of one product or service from other types distinguish between uses. Therefore, the following marks can be used to register as trademarks:
3. Word marks include letters, numbers, or a combination of letters, numbers and words;
4. Contain or not contain Text graphic mark;
5. Color graphic mark;
6. Color or a combination of colors;
7. Three-dimensional mark;
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8. Sound tags, etc.
EU Trademark Registration Procedure
1. The applicant applies to the European Union Trademark Office or the Trademark Office of an EU Member State;
2. The European Union Trademark Office will notify the application The trademark authorities of each member country shall conduct trademark examinations in each country;
3. After passing the examination, a three-month announcement will be made. During this period, third parties can raise various objections;
4. If no third party raises objections, the applied trademark will be approved for registration within one year;
5. It will take 12 -15 months.
EU Trademark Inquiry and Search
Since EU trademark registration covers many countries, there are a large number of potential trademark opponents. Therefore, our company strongly recommends that applicants conduct a trademark search before filing an application for European trademark registration to determine whether there is a trademark that is identical or too similar to the trademark to be registered and has been registered by a third party, and to avoid unnecessary losses.
Frequently Asked Questions about Registering an EU Trademark
1. What is an EU Trademark?
Answer: The EU Trademark refers to a trademark registered under the CTMR (European Union Trademark Regulations) Marks registered by OHIM (Office for Harmonization of the Internal Market) under the specified conditions and valid within the EU are used to identify and distinguish goods or services.
2. How to understand the unity of EU trademarks?
Answer: EU trademarks and their registration applications are valid throughout the EU. Trademark applications and their corresponding registrations are automatically extended to all 27 member states. It is impossible to limit territorial protection to certain member states. Moreover, EU trademark registration has a registration process controlled by OHIM without the involvement of individual national industrial property offices. In addition, the invalidation, rejection or expiration of any EU trademark will apply to the entire EU. Finally, the EU trade mark is a single property. It can only be transferred as the property of the EU as a whole (not of individual member states). However, some trademark licenses with geographical or other restrictions, or even licenses limited to a specific member state, are possible.
3. Which 27 member states are currently covered by the EU trademark?
Answer: The 27 countries of the European Union: At this stage, the member states of the European Union include Austria. Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom, Czechoslovakia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia, Romania and Bulgaria (newly added in 2007).
4. Does the EU trademark transcend the trademarks of individual member states?
Answer: The EU trademark registration system has no impact on the trademark registration systems of its member states (including the trademark systems of Belgium, the Netherlands, and Rwanda) ). Companies are free to choose to apply for individual member state trademark registration or EU trademark registration, or they can apply for both. A large number of existing trademarks registered in member states remain valid. Whether to rely entirely on the protection of the EU trademark, or to obtain dual protection from both member state trademarks and EU trademarks, depends entirely on the strategic needs of the trademark applicant and owner. However, if the registration of a trademark in a member state precedes the registration of an EU trademark, then the mark in the member state enjoys prior rights, and vice versa. The industrial property offices of the Member States will not proactively examine such earlier rights. Only the owner of the prior right can make a request, that is, by filing an opposition within 3 months from the date of publication of the EU trademark, or by applying for the invalidation of the EU trademark after registration in accordance with relevant regulations.
5. If the reason for rejection of an application only involves a certain member state, are there any generally applicable principles regarding such rejection?
Answer: Yes. The Industrial Property Office of a Member State will reject an EUTM application even if the reasons for rejection apply only to that part of the Member State. For example, if a trademark contains a trade name in an official language of an EU member state, the Industrial Property Office of that member state will reject the application. Prior registration rights will affect the registration of European trademarks, even if this prior right only exists in one EU member state. However, the impact of this situation should not be overstated. It is uncommon for trademarks to be rejected because they contain a generic name that is not distinctive, or is descriptive, or is in an official language of the European Union (not one of the world's major trade languages). If the prior right exists only in one Member State, there is no doubt that this prior right will not become invalid due to someone else's subsequent application for EU trademark registration. The procedures for raising objections and invalidating prior rights before OHIM provide sufficient space for the proper resolution of such issues. Finally, an EU trademark registration application that has been rejected or declared invalid or annulled can be changed to an application for trademark registration in all EU member states where the grounds for refusal do not apply. Trademark applications from such member states also enjoy the application date of EU trademarks.
Why register a trademark?
1. It is protected nationwide and cannot be used by anyone else. Trademark registration is to obtain exclusive trademark rights in the country where the goods are sold.
Once a trademark is registered, others cannot register or use the same or similar trademark as your own on the same or similar goods or services, and you are fully prepared to win the market.
2. A registered trademark is the most important intangible asset of an enterprise that can be passed down to future generations and can continue to exist. It can be transferred, inherited, used as property investment, mortgage, etc.
3. Products can easily be sold in large shopping malls or supermarkets. More and more large shopping malls or supermarkets only allow products with registered trademarks to enter.
4. Most consumers believe that the quality of goods using registered trademarks is more reliable and it is easier to win the trust of consumers. Once a trademark is effectively registered, it can steadily occupy the market for a long time, expand sales, maintain a good reputation, become a famous trademark, and then become a well-known trademark. If you do not register in time and are preempted by others, even though a lot of money is spent on advertising, there will be no economic benefit. Instead, you will help others, promote others, and create a brand for others
5. Avoid having your well-thought-out and well-designed trademark registered by others first. Because our country implements the "first to file" principle for applications for registration of the same trademark, not only will the latter not be allowed to register the trademark, but re-use is also not allowed, otherwise it will constitute infringement;
6. To avoid unintentional infringement and pay huge compensation fees, the new judicial interpretation of the Supreme People's Court stipulates that the amount of compensation is decided by the infringed party himself.
The above is the EU trademark registration process provided by the editor. I hope it will be helpful to everyone.
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