Current location - Trademark Inquiry Complete Network - Trademark registration - EU Trademark Regulations for EU Trademark Registration
EU Trademark Regulations for EU Trademark Registration

1. Anyone who finds that a European Union registered trademark has not been actually used for five consecutive years in accordance with the law can submit an application to cancel the registered trademark to the Internal Affairs Bureau, unless it can be proven that the law allows it. For special reasons, the registered trademark will be canceled in accordance with the law.

2. If anyone finds that a European Union registered trademark has become a common name or its use will mislead the public, he or she may submit a complaint to the Internal Affairs Bureau Apply to cancel the registered trademark.

3. The owner of an earlier trademark can submit an application based on its earlier rights, requesting the ICA Office to declare the invalidation of a later EU registered trademark that conflicts with it.

4. When a trademark infringement lawsuit occurs and an application is submitted to revoke a European Union registered trademark or declare its registration invalid, the courts of each EU country have jurisdiction and can rule to cancel the European Union trademark in accordance with the law. *The registered trademark may be declared invalid.

5. Directly submitted applications for cancellation of European Union registered trademarks or declaration of other invalidity will only be accepted by the Internal Affairs Bureau. If you are not satisfied with the ruling made by the Internal Affairs Bureau, you can file a lawsuit with the International Court of Justice of the European Union. 1. Use in any EU country a trademark that is identical or similar to someone else’s trademark registered in the EU, and use it on similar goods/services.

Use a trademark that is identical or similar to an EUROPE registered trademark that has gained a high reputation from others on non-similar goods/services.

2. Each EU country must designate a special court to accept EU-registered trademark infringement lawsuits, as well as lawsuits to revoke EU-registered trademarks or declare them invalid. When the court reviews the above-mentioned cases, the European Union Trademark Law shall apply to purely European Union trademark disputes, and when it comes to damages, the law of the country where the dispute is located shall apply.

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. You can apply for renewal 6 months before the validity period, and the renewal period is valid for 10 years.