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Summary of the guide:
- Laws relating to Trademark in European Union
- Trademark registration process in European Union
- How long does it take to get a trademark registration in European Union?
- Examination criteria for trademarks in European Union
- Costs for trademark registration in European Union
- How long is a trademark protected for?
- When does the protection of a trademark in European Union start?
- What trademark classes are available in European Union?
- What are the documents required for trademark protection in European Union?
- What are important deadlines for trademark protection in European Union?
- Are international trademarks available in European Union?
- National Vs International trademark in European Union?
- Local tips for trademark registration in European Union
- Service level guarantee for trademark registration in European Union
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Laws relating to Trademark in European Union
Trademark registration in the European Union (EU) is handled by the European Union Intellectual Property Office (EUIPO). The EUIPO is responsible for registering trademarks and providing protection to trademarks within the EU.
To register a trademark in the EU, you must first conduct a search to make sure that your desired trademark does not conflict with any existing trademarks. This can be done by searching the EUIPO's database of registered trademarks.
Anyone interested in obtaining a trademark registration in the EU can choose one of the four possible routes for national trademark protection there:
Option 1 - National trademark applications in each country of the European Union via national EU IP offices.
Option 2 - Regional level registration in Belgium, the Netherlands and/or Luxembourg, via BOIP.
Option 3 - European Union Trademark application via the EUIPO.
Option 4 - International trademark application designating the European Union via WIPO.
European Union trademark applications filed through EUIPO automatically grant protection in France as well as protection in other member countries of the European Union.
Trademark registration process in European Union
Trademark Search in EU European Union:
To register a trademark in the EU, the first preferred step is to conduct a comprehensive search of the EU IPO's database to ensure that the proposed trademark is available for registration and does not conflict with existing trademarks. A comprehensive search of the INPI's database and the EUIPOs database to ensure that the proposed trademark is available for registration and does not conflict with existing trademarks.
It is best if the search covers:
Trademarks filed locally in the EU through the EUIPO
Trademarks filed internationally designating the EU
Trademarks filed through the national offices of the European Union
Trademarks which are deemed famous in the EU and have been designated the famous trademark status.
While trademark searches are not required, it is best to conduct an EU trademark search prior to filing to get clearance and minimize the amount of office action received, and oppositions received.
Trademark application in the EU:
Trademark applications in the EU are only made electronically using an online tool with a secure payment area. Any amendment and changes required on trademarks is also completed using the same portal.
In order to file an application to register a trademark in the EU the applicant must include the following details in the application:
Trademark applicant details:
Trademark applicant name
Trademark applicant address
Trademark applicant nationality
Trademark applicant type (individual, corporation, LLC, non-profit organization etc.…)
Trademark details:
Type of trademark seeking protection
Description of the trademark
Meaning of the trademark if any
A representation of the trademark, including any design elements or logos.
Trademark Claims:
Trademark priority claim if any.
Trademark color claim if any.
Trademark Goods and / Or trademark Services:
The relevant class the trademark will be registered on.
A clear and concise description of the goods or services to which the trademark will be applied:
An applicant can choose goods and services which are pre-approved, therefore minimizing the examination time, or
An applicant can choose goods and services which are not pre-approved, paying additional fees at filing, and increasing the examination time period.
Process for Trademark protection in EU European Union:
Once the trademark application is completed and the relevant filing fees are settled the trademark is submitted to the EUIPO and the trademark examination goes through multiple phases as follows:
Step 1 - EU trademark Filing Date
The EUIPO will check that a trademark filed contains all the mandatory and basic information which are required for the trademark application are properly included, correctly identify the trademark owner and provide a clear representation of the trademark, and goods. A filing date is the start of a 1-month countdown which the official fees should be paid in. EU TM basic fees must be made within one month of the filing date.
Step 2 - EU trademark classification assessment
After settling the basic application fees, the EUTM office examines the goods and services an applicant is seeking protection on are reviewed to assess proper classification according to the nature of goods and services. There is an automatic list of goods available which can minimize the likelihood of office action. This list is referred to as a harmonized database.
If the EU trademark office examines the goods and notes that the goods and services are correctly classified and their nature has been clearly indicated, then the trademark will proceed to the next phase. International classification can also be found on the World Intellectual Property Organization (WIPO) nice classification database and on the class analysis tool.
Step 3 - EU trademark Formalities assessment
The EU trademark office will review the application filed to ensure that all the details an applicant entered on the trademark application are accurate, the language is clear and there is a signature on the required documents.
Step 4 - EU trademark Absolute Grounds assessment
The EU trademark office analyzes the trademark application filed to ensure that the trademark is distinctive and not descriptive. An EU trademark can consist of any signs, in particular words (including personal names), or designs, letters, numerals, colors, the shape of goods, or the packaging of goods or sounds.
According to the EUIPO considered distinctive:
“Consumers should be able to recognize your sign for what it is, for example as an indication of origin. It should distinguish you from other companies in the marketplace so that you can protect and build your brand identity and value.” (EUIPO site)
According to the EUIPO a trademark should not:
“A trademark should not monopolize a sign that merely describes the goods and/or services that you offer. These signs should remain available for everybody: for you and your competitors.” (EUIPO site)
Read more on how to create a strong trademark.
Step 5 - EU trademark translation
An EU trademark application is translated to the different languages of the European Union so that details of the trademark can be published in all the official languages of the European Union. If an applicant chose goods from the list of harmonized goods, then the translation phase of the examination will be quicker.
Step 6 - EU trademark publication
From the date of publication onwards, third parties who believe the trademark application filed should not be registered have three months to object (oppose) the trademark application. Usually oppositions are either based on:
Trademark Earlier Right:
A third party can oppose a trademark registration based on an earlier right (1 or more rights) if they believe that the registration of the trademark filed will cause conflict with the previously owned mark. If any third parties would like to oppose the registration of the trademark, then they must oppose your trademark by completing a specific opposition form and paying a fee of €320.
Trademark Absolute Grounds
A third party can oppose a trademark registration based on absolute grounds. Absolute grounds are requirements that a trademark needs to satisfy like:
Distinctive,
Non-descriptive of the business you are in and
Clearly represented.
If any third parties would like to oppose the registration of the trademark, then they should send a corresponding communication to the Office explaining why they believe the trademark should not be registered. The EU IP Office refers to this letter as a ‘third party observation' and it is free of charge. However, it should only be used when a serious reason for contesting the trademark exists.
If an opposition is filed, against the trademark application, then the trademark must succeed in opposition proceedings in order to proceed to registration.
Step 7 - EU trademark Registration
If no third party files an opposition or an observation against the trademark application filed, then your trade mark is registered and the registration is published. This is done so that other trade mark owners and the public in general are aware that this particular trademark is owned by the applicant and has proceeded to registration.
A certificate of registration is issued two days after the publication of the registration.
The progress of a trademark application within the EU system can be checked online on the EUIPO.
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How long does it take to get a trademark registration in European Union?
The process of registering a trademark in the EU European Union can take anywhere between 6 to 16 months, depending on the complexity of the application. If you are looking to start working in Europe, it is preferable to file a trademark as soon as possible. Therefore, the sooner you file the application the more likely you will be protected.
Examination criteria for trademarks in European Union
A third party can oppose a trademark registration based on absolute grounds. Absolute grounds are requirements that a trade mark needs to satisfy like;
Distinctive,
Non-descriptive of the business you are in and
Clearly represented.
If any third parties would like to oppose the registration of the trademark, then they should send a corresponding communication to the Office explaining why they believe the trade mark should not be registered. The EUIPO Office refers to this letter as a ‘third party observation' and it is free of charge. However, it should only be used when a serious reason for contesting the trademark exists.
If an opposition is filed, against the trademark application, then the trademark must succeed in opposition proceedings in order to proceed to registration.
![our story](https://easy-trademarks.com/public//default/coworking/images/registration/Examination-criteria.png)
Costs for trademark registration in European Union
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Professional fees for trademark registration
Our professional fees range from USD350 to USD550 depending on the package you choose. Once you are ready to start, choose the package you want, and you will see the total official fees and professional fees for each package.
Official fees for trademark registration
Trademark filing fees are around EUR850 in the EU for 1 mark in 1 class. Additional fees ranging between EUR50 to EUR150 apply for additional classes. Further additional fees apply relating to office actions and late submission of documents. Trademark registration fees are published on the EUIPO website.
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How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in European Union start?
A trademark is valid for 10 years from the filing date.
What trademark classes are available in European Union?
When you file your trademark application in Europe, it is necessary to indicate which goods or services your mark aims at protecting. The EUIPO adopts the Nice International Classification of Goods and Services (NCL), and a harmonized list of goods which ensures an application is prosecuted smoothly and minimizes office actions. It is important to note that the class lists are not exhaustive, and applicants can choose goods in free form, however this means the trademark will take a longer time to examine.
What are the documents required for trademark protection in European Union?
A Power of Attorney
A power of attorney signed by the applicant assigning local representation in the European Union. It is not possible for international applicants to file their trademarks directly in the EU, an office action will be issued requesting that the applicants assign an EU representative to handle the registration.
Commercial certificate
A declaration that the applicant engages in activities related to the class and product/services included in the application. Such a declaration can be in the form of a commercial certificate translated to any official language of the union, and the same language used for filing the application.
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What are important deadlines for trademark protection in European Union?
The general timelimits for procedures at the EUIPO range between 1 month and 6 months, if the applicant has its domicile or its principal place of business or an establishment within the European Union trademark office territories. If the applicant does not have domicile or principal place of business within the European Union trademark office territories, the time limits range between 2 months and 6 months.
The deadline to oppose a published mark in the EU is 3 months of the publication of the EU trademark application in Part A of the EU Trade Marks Bulletin.
The deadline to appeal an EUIPO decision is 2 months from the date of notification of the contested decision and the grounds for appeal must be presented within 4 months of that date.
Are international trademarks available in European Union?
EU is party to the Madrid Protocol; therefore, international trademark applications can designate EU as part of the international application. More information on countries party to the Madrid agreement or protocol.
National Vs International trademark in European Union?
The Madrid Protocol became effective in the European Union on 1 October 2004. It is best if an owner of an international application designates a national representative to service their registration. This ensures that the applicant is informed of all local proceedings.
Local tips for trademark registration in European Union
An EU trademark application is translated to the different languages of the European Union so that details of the trademark can be published in all the official languages of the European Union. If an applicant chose goods from the list of harmonized goods, then the translation phase of the examination will be quicker.
A third party can oppose a trademark registration based on an earlier right (1 or more right) if they believe that the registration of the trademark filed will cause conflict with the previously owned mark. If any third parties would like to oppose the registration of the trademark, then they must oppose your trade mark by completing a specific opposition form and paying a fee of €320.
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Service level guarantee for trademark registration in European Union
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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