EU trademarks are registered by OHIM (Office for Harmonization of the Internal Market in the European Union) according to the conditions stipulated in CTMR (European Union Trademark Regulations) and are valid within the European Union. A mark that identifies and distinguishes goods or services.

Chinese name EU Trademark European Community members Austria, Belgium, Denmark and other disadvantages have high requirements for the distinctiveness of the trademark. Advantages of the foreign name CTMR are that the trademark is protected within the EU

Contents

Table of Contents

1 Member States

2 Trademark Characteristics

Advantages:

Disadvantages:

3 Trademark registration

Application conditions:

Preparation materials:

Registration procedures:

4Processing time

5 EU Trademark Infringement Regulations

1 Member State

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At this stage, the EU member states 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).

So once a European trademark is registered, it will be protected by the above 27 countries, thus eliminating the complicated registration procedures in each country.

2 Trademark Characteristics

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Advantages:

1. Applicants can register in the 27 members of the European Union by submitting one application If the trademark is protected domestically, there is no need to specify the country in which it wishes to be protected;

2. A trademark application can cover up to three categories of goods or services. If there are more than three categories, each additional Category 1 fees are charged separately.

3.***The use of a homogeneous trademark in any member country will be deemed to be used in all member countries. Even if the trademark is only used in one of the joining countries, it will not be used in other member countries. National use puts the trademark in danger of being revoked;

4.***The transfer, change or renewal of the same trademark will be effective in all member states.

5. Registration fees are low. The fees required for registration of ***uniform trademarks are much cheaper than the fees related to each country, and the renewal fees are also lower.

6. 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 homologous trademark 6 months after the application in a member country of the Paris Convention.

Disadvantages:

1. ***The registration of homogeneous trademarks requires high distinctiveness of the trademark. As long as someone in one of the 27 member states raises an objection and the objection is established, the registration will be rejected. Although the rejected trademark can be converted into a national application and the original filing date is retained, the applicant must pay the conversion fee to each country. If the trademark is not very distinctive, it is not suitable to apply for EU trademark registration.

2. The time for application at the Office for Harmonization in the Internal Market is difficult to determine. If all goes well, registration could be available within a year. However, as long as there are objections, the trademark cannot be registered in time. Resolving objections takes a long time, usually around 2 years.

3 Trademark registration

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Application conditions:

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

Preparation materials:

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

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

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

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

5. Trademark drawing.

Registration procedures:

1. Submit an application to the European Office for Harmonization in the Internal Market. The authority will accept the trademark application that is deemed to meet the conditions and give the application date and application number;

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2. After acceptance, the authorities will conduct a prior trademark search and submit the application to each member state for prior trademark search. Each member state will submit the search report to the Office for Harmonization of the Internal Market within 3 months;

3. After receiving the search reports from each member country, the authorities provide them to the applicant for reference together with the search reports of this Office;

4. The authorities do not conduct substantive examination of the applied trademark. If the application is rejected The preliminary acceptance of registration is announced, and the objection 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. If there is no objection or the objection is not established, the trademark will be registered;

5. If the trademark applied for registration by the applicant is rejected (including the rejection of the identical trademark application due to objections from member states), the applicant can convert the EU trademark to one or more EU trademarks within three months. A separate national trademark application shall also enjoy the original filing date and priority date.

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

4 Processing time

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1. Trademark search: takes 2-3 days

2. Trademark acceptance: about 15 Receive the EU acceptance receipt in about 3 working days

3. Registration time: 7-12 months if the trademark application is successful

4. Validity period: Once registered, the trademark is valid It is 10 years and can be renewed at the end of the 10-year period

5 EU Trademark Infringement Regulations

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1. Use in any EU country and others in the EU ***A trademark that is identical or similar to the registered trademark and is used 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.