EU Trademark - Online Filing - from 1250 EUR

EU Trademarks

EU Trademark registration (CTM) covers all 28 member states of the European Union (Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom).

 

Peculiarities of EUTM registration procedure:

unified proceedings.

One application is filed to the European Union Intellectual Property Office (EUIPO) in Alicante (Spain). In case of successful trademark registration it is valid in all 28 countries.

-  wide range of trademark types.

CTM can consist of any designations, which are represented graphically. Besides word and device trademarks filing of spacious as well as non-traditional trademarks: sound, light, smell and taste marks is possible.

examination on absolute grounds is conducted from the point of view of all EU member states.

EUIPO translates the trademark to the language of each member state and checks whether the mark is distinctive and not confusing on the side of the consumers. For example, the mark “apple jam” will not be registered for the goods “apple jam”, as it is not distinctive; likewise in respect of the goods “pear jam” it will not be registered because of being confusing.

absence of examination on relative grounds for refusal in registration.

Relative grounds for refusal stand for the presence of earlier trademark registrations of the similar trademarks. EUIPO does not conduct examination on relative grounds for refusal, but publishes information on trademark. Upon publication the owners of the earlier similar trademarks are entitled to file an opposition against EUTM.

registration is valid, unless not objected (so-called registration presumption).

EUIPO and some member states (Czech, Denmark, Greece, Spain, Lithuania, Hungary, Austria, Poland, Romania, Slovakia and Finland) conduct trademark searches, the results of which can be forwarded to the applicant; however, searches are of informative character only. Even if the search has revealed a very similar trademark, the applied trademark can be registered. If the found trademark is national or international, not EUTM and it is not used in this country, no infringement of third person’s rights is established.

- possibility to claim seniority

If EUTM applicant has earlier registrations of the same trademark in member states, it has a possibility to claim seniority, i.e. priority date for its EUTM in these countries. Registration of EUTM with seniority in respect of the corresponding country gives the owner the same rights in this country as the national registration does. Therefore, the national trademark registration can be further lapsed.

possibility to negotiate in case of opposition.

The peculiarity of opposition procedure against EUTM is that the losing party settles the expenses of the winning party. This is a good measure, disciplinary for the both parties. For conducting negotiations between the opponent and the owner of the contested application a certain period of time is provided (cooling-off period). For diminishing the risk of additional expenses it is important to feel the moment, when it is time to step back (for example, to withdraw the application or limit the list of goods).

 

Additional advantages:

- EUTM registration procedure per country is cheap (official fee for filing an application in one class amount 850 EUR).

Sometimes, it is reasonable to choose the EUTM registration procedure, if some difficulties in obtaining registration in certain country are expected.

In some member states, for example, in Estonia, a careful examination of trademarks in respect of relative grounds is conducted. If there are grounds to suggest that the owner of the mark, which constitutes a bar for national registration, will abstain from filing an opposition against the EUTM, this procedure can be chosen.

EUTM use requirement is satisfied, if the mark is being used at least in one member state.

The period within which EUTM cannot be cancelled for non-use amounts 5 years.

if EUTM registration is refused, conversion is possible (transformation of EUTM application into national applications with preserving EUTM priority). 

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