trademark registration process in european union


Konstantin Tahtadjiev - European Patent, Trademark & Design Attorney. It also covers the following territories: in Finland, Aland Islands; in France, Guadeloupe, French Guiana, Martinique and Reunion; in Portugal, Azores and Madeira; in Spain, Canary Islands and Ceuta and Melilla. Get in touch with specialised assistance services, Get advice on EU rules that apply to your business / solve problems with a public authority. This is very important. The opposition period in European Union is 3 months after publication. This is because trademarks are always in danger of turning into the generic name of an article or of being diluted if not properly used or if another similar TM registration impairs its distinctiveness and reputation. If you disable this cookie, we will not be able to save your preferences. Moreover, we offer an uncomplicated, personal and non-technical registration process. The minimum government fee for EU trademark application is 850 EUR (covering one class). Such objections might be raised by the examiner or EU trademark oppositions filed by third parties. As Brexit is now in effect, you may be wondering about the implications this transition may have on your trademark registration. In many cases, however, this five-year time period will coincide with the Brexit transition. After that, the registrations will automatically be transferred to the United Kingdom trademark register. All Rights Reserved. As the EU has grown bigger, the validity of the European trademark (former: Community trade mark) has always followed the growth and has extended automatically to the new Member States. The normal process lasts around six months until registration of the European trademark. For more details on trade marks in the EU, check the trade mark page of the EUIPO. A European Union TradeMark registration can last forever, provided that it is renewed every 10-years and that it is used in the EU concerning only the goods or services for which it is registered. You will receive confirmation of filing and a copy of the filing request.

Applications pending with the European Union Intellectual Property Office, or EUIPO, will also have a path toward registration in the United Kingdom, but it will not be automatic. Hence, our clients save time and money, as we ensure that their EU trademark applications are prepared and filed in the appropriate trademark class(es) and avoid refusal on absolute or relative grounds with a great certainty. Timeframe of the trademark registration process is only an estimate and it may vary considerably if any objections and/or oppositions are presented, or other events occur during the trademark registration process. for companies and individuals contemplating expanding their business across the European Union and at the same time keeping their brand awareness. The trademark right is a vulnerable right. Josh Gerben, Esq. Ultimately it is your decision to take business risks. Pricing We've got phone and chat support available for you: The Community Trademark grants protection over the entire European Union with one registration. This website uses cookies to provide you with the best browsing experience. Choose the services you want in the next step One single online trademark registration is valid in all EU Member States. If you register a trademark that contains both text and figurative elements, the protection granted will only cover the combination of both elements, as they appear in the logo filed. Not only do our trademark services spread locally, but also across the European Union. Do you have questions on operating a business cross-border, for example exporting or expanding to another EU country? European Union Intellectual Property Office, impacts of Brexit on your trademark registration, Dr. Dre’s Wife Claims Partial Rights to “DR. An EUTM is a pending or formal registration of a trademark recognized across the entire EU community rather than acknowledged country by country. As a result, at the day of application, you will know how risky an EU trademark application is. The European trademark will be valid in following countries from 2021: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. Terms, This website uses cookies. If so, the Enterprise Europe Network can give you free advice. Prices are in U.S Dollars, Prices include all official and professional fees. All existing EU trademarks will be automatically transitioned to the UK register after December 31, 2020. We additionally develop an appropriate strategy regarding the form of the trademark and how broadly or narrowly to describe the relevant goods or services and to represent the sign. We are Qualified European Trademark Attorneys and thus capable of conducting filing and prosecution of applications for registering European Union (EU) Trademarks before the European Intellectual Property Office (EUIPO).

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. Trademark applications in the European Union can be filed either locally before the EUIPO or before the World Intellectual Property Organization, by means of the Madrid system. EM Trademark Registration Prices Both the United Kingdom and the European Union require that a trademark be used in order to maintain ownership. Trademark Attorneys Serving Clients in 50 States and 30+ Countries |. Copyright © 1994-2020 M.Sc. While the search is optional, it is a highly-recommended stage in the process, potentially preventing obstacles and disappointments down the road.
Upon acknowledgement of the final approval, we proceed further with filing and prosecution of the EU trademark application with EUIPO.

Based on this search and our analysis, we provide professional opinion on whether your trademark is registrable in the European Union and you may proceed with registration process, or there are evident obstacles to registration of your trademark exist, and a more thorough analysis needs to be performed.
(The holder or holders of the IP can exclude anyone else from using the IP in question), Licensing and selling intellectual property, Infringement of intellectual property rights, Taxes on parent companies and subsidiaries, Request a review of a public procurement procedure, E-commerce, distance and off-premises selling, Package travel and linked travel arrangements, Technical documentation and EU declaration of conformity, Classification, labelling and packaging of chemicals, UK government information and guidance on Brexit, Publications Office of the European Union, If you only trade in one EU country, you will only need protection in that country. After the opposition period has lapsed and provided no oppositions or objections have been lodged against your EU TM application, we then register your European Union Trademark.

They have two trademark registration processes, a regular and a "fast track," with information on both. In another scenario and due to its unitary character the European Union (EU) Trademark application may be refused by EUIPO with effect in all countries only and need to be converted into separate national applications for Trademark Registrations in order to get protection in the countries of interest where there is no conflict with earlier rights. probabilities your trademark has of being successfully registered If filing a logo trademark, its colors cannot be claimed and the logo will be protected for all combinations of colors. Services The European Union has a fairly short registration process and the average time between the application and registration for straightforward cases is 6 months. Copyright © 2020 Gerben Law Firm. DRE” Trademarks, Jimmy Butler Files Trademarks for “BIG FACE COFFEE”, Nike and Kawhi Leonard Reach A Settlement Agreement. In case of objections or filed oppositions, the period for registration depends on each case independently, and can even last about 1-2 years. Privacy Trademarkers.com will process your trademark registration in European Union through the following steps: Step 1 Trademark Comprehensive Study Start Study Trademark search report with Attorney's analysis about registration probabilities. The institution in charge of intellectual property including trademark registration in the European Union is the European Union Intellectual Property Office, usually known as the EUIPO. or Our EU trademark services encompass also maintenance (trademark renewals), trademark monitoring, trademark enforcement and licensing of the obtained EU Trademarks after registration. At reasonable cost you get exclusive rights in all current and future EU Member States.

If client desires, we can also provide him with our TM service of monitoring the TM registers for competitors' confusingly similar TM filings and lodging respective oppositions against them in due course. According to the statistics provided by WIPO, the number of trademarks filed each year, whether locally or via the Madrid system, has gone from about 43 000 in 1996 to 144000 in 2017.

in the European Union, Apply to have your

What is the trademark registration procedure? When you apply for a an European Union Trademark registration, you have to specify the classes for which your trademark will be registered for. Generally speaking, only by going through the legal process of registration can you ensure rights to your trademark. After this date, the office grants a further 6 months to request the renewal, but with increased charges. Moving forward, the EU and UK will become separate jurisdictions, meaning that a trademark used in the EU will not count toward use in the UK, and vice versa. The registered European trademark is then published in the official bulletin of EUIPO. For more information, you can download an example of a search report. Current EU trademark owners will experience little impact during the transition period.

(Berlin),  an IP lawyer and his #1 award winning team. You will receive status updates as soon as your mark is published, and any actions the EUIPO will take if oppositions are received.