Trademark registration is one of the most successful forms of building and protecting a brand. trademark registration European union can be licensed as a national trademark at the national level, or as a trademark of the European Union at the EU level. The EU’s trademark scheme constantly controls by the European Commission to find ways of enhancing its efficacy and accessibility for companies.
What are trademarks?
A trademark is a symbol that separates the goods and services of one company from another. As for business background indicators, trademarks may be names, logos, devices, or other unique features, or a combination of these. They can also be called ‘products’.
A trademark may be one of the company’s most valuable assets. It is a mark on which a business can attract and maintain customer loyalty, and make value and growth. The trademark acts in this case as an engine of innovation as the need to keep it relevant encourages investment in R&D, which in turn leads to a continuous process of product improvement and development. This dynamic process has a positive impact on employment.
According to the findings of a joint study between the former Internal Market Cooperation Office (OHIM. Now the European Union Intellectual Property Office) and the European Patent Office (EPO) published in September 2013, about 21% of all EU jobs during 2008 to 2008 in 2010 (i.e. the jobs of the estimated 45.5 million Europeans) creates by the industry that flashes the trademark. At the same time, these industries show to account for about 34% of total economic activity (GDP) in the EU, worth EUR 4.16 trillion.
Trademark registration is a way to ensure that no one else uses it.
The dual system of protection in the EU
There are two main ways to register a trademark in the EU. They can be registered at the national level at EU industrial property offices, or at the EU level as the ‘European trade trademark’ (EUTM) at the European Union Intellectual Property Office (EUIPO).
National and EUTMs come together and complement each other. A similar trademark may be registered in the EU and/or at the national level. The EUTM system has a single registration process that gives the owner exclusive rights in all EU countries. This dual system meets the needs of companies of different sizes, markets, and location availability. National trademarks may be better for small and medium enterprises (SMEs) or local firms that do not require EU-wide protection. The rules governing the registration of the national trademark in the EU were first amended in 1989. The EU trademark was created in 1994.
Registrable Trademarks European union
All signs (word, device, or shape) capable of being graphically depicted and meeting novelty, distinctive, and lawfulness criteria are registered trademarks. It is also possible to capture graphically depicted sounds, color variations, or a specific shade of color.
Read more about: What can be Trademarked
Who May Apply for trademark registration European union?
The proprietor of a European Union trademark may be any natural or legal individual, including authorities defined under public law.
The official languages to be used before the EUIPO are :
Importance of a trademark registration European union
A trademark is a mark that distinguishes and distinguishes between the services of one company. The trademark can be understood as an indication of the origin of the business and can be in the form of logos, names, or devices.
In addition, owners can use any unique features as trademarks and a combination of all of these items can be used as a trademark. Sometimes these distinctive trademarks are also called ‘brands’. Your trademark acts as an innovation engine because the company keeps investing in research and development to keep the trademark relevant and as result products are developed and improved. Trademarks help you maintain customer loyalty and create more value and growth in the business. According to a 2013 study, about 21% of jobs in Europe were created by industry-enhancing industries.
Read more about 10 important things about the trademark in detail.
Benefits of trademark registration European union
There are many benefits of trademark registration, especially in the EU. A trademark of the European Union only enjoys complete protection after the registration itself. Until registration and as of the date of publication of the application, the mark enjoys restricted protection, which enables the claimant, however, to obtain temporary injunctions and to bring proceedings for counterfeiting or to claim fair compensation. While decisions in such cases can only be made after the trademark has been licensed.
Rights Conferred by the Registration
The registration of a trademark of the European Union grants the proprietor the right to exclusive use of the trademark in the territories of the European Union.
Trademark Categories of the European union
Trademarks for goods or services, collective marks, and three-dimensional marks are Trademark Classification. The international classification of goods and services (Nice Agreement) practices that are 45 classes. Each application may involve more than one class of goods and/or services.
How to protect the trademark in the EU?
You may think it is a headache to go to different offices and register your trademark, but you do not have to worry anymore because we are here to help. You can use our simple free search to find out if you can protect your brand. Then use a digit to register your product in all European countries.
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To protect your trademark you need to register it first and you can make a trademark registration in Europe using two methods. You can register your trademark at the national level in any EU country by going to the industrial property offices. You can also register your trademark at the EU level as ‘European Union Trade Mark’ (EUTM) by going to the European Union Intellectual Property Office (EUIPO). Trademarks are special to all companies and are registered so no one else can use them.
You must know about trademark infringement in detail
Steps for trademark registration European union
Step One: Conduct a Trademark Search
Once you have chosen a strong trademark, you will begin the process of trademark registration European union. The first step in this process is to conduct a thorough Trademark search. The reason for this search is to find out if the same brand has been registered in the EU before you start the application process with EUIPO. While it can be frustrating to know that your trademark is already registered, knowing before you enter will save you time and money, and you will be able to make changes to your mark before applying.
A free and online search may seem like a budget option, but it is not recommended. This may only show the exact match for your trademark. Many trademark disputes, however, do not arise from direct matches to tags, but from tags that can provide confusion for the market. To avoid the possibility of rejection of the application or future violations, it is best to work with an experienced trademark attorney.
Step Two: File Your Application
When a complete trademark search does not show the same match, you can continue to apply for your brand. You can do this on paper or electronically through the EUIPO website. It is generally easier and more expensive to use electronic and is the best option for those applying worldwide.EUIPO also offers the Fast Track option for trademark registration. On average, Fast Track applications are approved 50% faster than traditional ones. To qualify for the Fast Track subscription, you must first pay in advance. Testing can only start once payment has been processed. You must also select the goods or services to register from the EUIPO Honored database of pre-selected and approved classes.
Step Three: Examination Period
A EUIPO examiner will check your application for a trademark during the testing process. You will receive a note from the EUIPO about any concerns or questions that have arisen during the review approximately one month after filing your application. This may be a question about the option of your classification, terminology, or the distinctness of the mark.
You will have two months to address any problems and respond accordingly once you have received this notice. If required, you will be granted a two-month extension while planning your response.
Step Four: Publication in the EU Trademark Bulletin
After the trial period, your trademark will be published in the EU Trademark Bulletin. During this three-month period, some trademark owners may review your publication. If they hear that your brand may be disrupting their existing trademark, they may file a dispute. Once an appeal is lodged, your application may be delayed or completely rejected. Resistance procedures can last for two years or more. The chance that an opposing party will be included in you reinforces the need to complete a trademark search before submitting your application.
Step Five: Trademark registration European union is issued
After the time of publication, if no objection is lodged, EUIPO will relocate to approve your trademark. About six months after your mark is published in the EU Trademark Bulletin, you will be issued with a registration certificate. As a trademark owner in the European union, you now have legal rights to use your brand in any of the 28 member states. You can also start showing the ® brand where your trademark is visible, including packaging, logos, and websites.
Step Six: Monitor and Renew
EUIPO provides trademarks but does not recognize or enforce their use. That responsibility is left to the trademark owner. To maintain the isolation and control of your trademark, you must monitor its use within the EU, and take legal action where necessary. Usually, a letter of suspension and resignation is all that is required to identify the offender, but from time to time, legal action must be taken to stop the unauthorized use of the registered trademark. Many trademark attorneys provide monitoring services and can assist in prosecuting legal disputes should they arise.
The EU-registered trademark is valid for ten years from the date of issue. To maintain your trademark, you must renew the token with EUIPO every ten years.
Whether you are currently doing business in the European Union or planning to do so in the future, it would be wise to look at EU trademark registration. With one app, you will get valuable legal protection in 28 countries. Start by doing a thorough marketing search. After that, apply to EUIPO. Once the testing and publication in the EU Trademark Bulletin have been completed, you will be given a timeless trademark – as long as you continue to use the marker and update files every 10 years. Contact a trademark attorney and start the EU trademark registration process today.
Duration & Renewals of trademark registration European union
Registration of a trademark of the European Union shall last 10 years from the date of filing. For subsequent 10-year terms, an infinite number of renewals are necessary.The EU-registered trademark is valid for ten years from the date of issue. To maintain your trademark, you must renew the token with EUIPO every ten years. It is important to note that EUIPO will not issue a reminder as your renewal date approaches. The obligation to initiate the renewal process falls on the trademark owner. Failure to meet the renewal deadline may result in your trademark being canceled.
EU trademark or an international trademark?
The main differences between the EU trademark and international trademark:
- It is better to register into the EU system than to a global trademark application. The principle of ‘all or nothing’ applies when it comes to EU marketing. In other words, whether you receive protection in all 28 EU countries at the same time or, if your trademark is seen unique and/or define in one or more of those countries, your application rejects in all 28 countries. Objections to your application can also be filed in one or more countries. In both cases, the application process will be free and the costs incurred will be reimbursed. This policy does not apply to an international application; your application tests separately for each country. This means, for example, that if your application is rejected or an objection is lodged in one country, it is possible for you to get the protection of other countries named in your application. However, it is possible to reduce the risk by ‘embedding’ the EU trademark on international registration (see details below).
- Unlike an international trademark registration application, you do not need any basis to apply for an EU trademark. In other words, you do not need to apply for national trademark registration before applying for an EU trademark.
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