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Trademark Registration in the EU

To attain legal protection against infringement of your trademark rights in the European Union, you will have to register your mark. By doing so, you will have unlimited rights to it across the 28 EU member states and have a legal mandate to file any infringement objections if another party tries to use it within the EU. The process is fairly simple and doesn't take much time. One may also file for trademark applications on their own or through a trademark agent.

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To attain legal protection against infringement of your trademark rights in the European Union, you will have to register your mark. By doing so, you will have unlimited rights to it across the 28 EU member states and have a legal mandate to file any infringement objections if another party tries to use it within the EU. The process is fairly simple and doesn't take much time. One may also file for trademark applications on their own or through a trademark agent.

 

1. Why you should register your trademark in the EU

One of the more obvious reasons for registering your trademark in the European Union is that your application will cover all the 28 member countries. This means that no other party will be able to infringe on your intellectual rights regarding your product designs, names, packaging, or logos within the region.

 

Another reason you should register your trademark in the EU because failure to do so may open you up to infringement charges if another business entity manages to register a similar mark successfully.

 

2. Costs associated with trademark registration in the EU

The standard price for EU trademark registration is 850 Euro. This will cover all the 28 member states within the union for ten years. However, in case you want to apply for trademark registration in two classes, the price will go up by 50 Euro, and every extra class from this point will cost a further 150 Euro.

 

It is also important to note that should there be any need to respond to an appeal, cancellation, or opposition to your application, further charges will be added on.

 

3. EU trademark search

A trademark search in the EU is conducted by the EUIPO (European Union Intellectual Property Office). They look for previous rights associated with your trademark application and then send you a report once they are through.

 

Afterward, the office then prepares a surveillance letter sent to parties with previously registered trademarks or those who had made similar trademark applications. The findings of the report and the contents of the surveillance letters are only for information purposes. Only after an objection is raised by owners of these rights, as mentioned earlier, can an applicant's trademark registration request be denied.

 

4. The process of registering a trademark in the EU

  • After applying for trademark registration in the EU, the next      phase is to conduct a comprehensive search done by the EUIPO. The reason      for this search is to ascertain whether there are any conflicting issues      with owners of earlier rights.

  • Once this is done, there will be further examination of your      application to establish whether your trademark is distinctive and      descriptive. Finally, if all is well, the EUIPO will publish your      trademark in 23 official EU languages.

  • After publication, parties with objections to your trademark      will have to raise their concerns with the intellectual property office      within three months, starting from the time it was published. If no      objections are raised within this time frame, the applicant will have the      opportunity to make any amendments to their mark if they wish and within a      six-month window.

  • The final step will be registering the trademark by the EUIPO      and issuance of a trademark certificate.

 

FAQS

Q1. Does trademark registration in the EU cover all member states?

 

Yes. Registering your trademark in the EU means that you will have unlimited rights to it in all of its 28 member states.

 

Q2. Do you have to pay fees in all EU countries for trademark registration?

No. Fees charged for trademark registration in the EU cover all the 28 countries in the union. An applicant does not have to pay fees in each state.

 

Q3. How long does the process of trademark registration in the EU take?

The trademark registration process in the EU usually takes 4-5 months, but one may opt for the accelerated process, which is also available.

 

Q4. How much does it cost to register your trademark in the EU?

The standard fee for trademark registration in the EU is 850 Euro if there are no additional classes.

 

Q5. What is the EUIPO?

The EUIPO is European Union Intellectual Property Office. They are responsible for patent and trademark rights in the EU.


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