The Process of Trademark Registration in the EU
Your brand is a valuable asset that embodies your identity and fosters recognition in the market.
A European Union Trademark (EUTM; EU Trademark) can protect your brand throughout the European Union. By registering your trademark within the European Union (EU), you not only shield it from imitation but also secure your position amidst competitors, thereby enhancing your brand's value.
1. Preparation and Consultation
Our initial task involves comprehending your business and its trademark. We offer personalized consultations to determine the relevant trademark classes for your products or services.
2. Trademark Search
Prior to filling the application, we often carry out a trademark clearance search, that can determine the likelihood of successfully registering your trademark.
3. Application Filing
We Submit your application to the European Union Intellectual Property Office (EUIPO) electronically through their online filing system.
4. Formal Examination
The EUIPO conducts a formal examination of your application to ensure it meets the basic requirements. They check for accuracy, completeness, and compliance with regulations. If any deficiencies are found, you will normally be given an opportunity to rectify them.
5. Examination for Absolute Grounds
During this stage, the EUIPO reviews your trademark to determine if it meets the criteria for registration. This includes assessing if the trademark is distinctive, not descriptive of the goods/services, and doesn't fall under prohibited signs.
If your trademark application passes the absolute grounds examination, it will be published in the EU Trademark Bulletin. This allows third parties to review the application and raise objections if they believe your trademark conflicts with their existing rights.
7. Opposition Period
For a set period of three monts after publication, third parties can file oppositions against the trademark application if they believe it infringes upon their existing rights. If an opposition is filed, both parties may engage in legal proceedings to resolve the matter.
8. Registration and Certificate
If your trademark successfully passes all examinations and no oppositions are filed, the EUIPO will approve the application for registration. You'll receive an official registration certificate, granting you exclusive rights to use your trademark in all EU member states.
9 Maintenance and Renewal:
EU trademarks are initially registered for ten years. You'll need to pay renewal fees to keep your trademark registration in force. Renewals can be done every ten years.
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