Registering A Trademark In The European Union
The European Union is made up of 27 member states as of now. Many companies want to enter the European market to increase their market share and sales in 2022.
After all, this is an opportunity to promote their brand in a market with almost 500 million consumers. In addition to the localization of the product and marketing strategy, trademark registration in Europe is also necessary for this.
EU trademark registration with the help of our company is always the right choice, a reliable partner.
This procedure will allow obtaining legal protection. In addition, the brand owner receives other benefits: prestige, an increase in company value and consumer loyalty.
In Europe, various elements can be registered as a trademark:
• A verbal brand;
• Image brand;
• Figurative brand containing verbal elements;
• Figured Mark;
• Figured mark containing verbal elements;
• Position mark;
• Template stamp;
• Color (monochrome) stamp;
• Color (combination of colors) stamp;
• Sound mark;
• Moving mark;
• Multimedia stamp;
• Holographic mark;
How To Register A Trademark In The EU?
Legal entities and individuals can register a trademark in Europe. Registration is available to both residents and citizens of non-EU countries. In the latter case, application must be made through EU patent attorneys. Profitmark has several certified specialists who are ready to assist in obtaining a trademark registration in the EU.
There are several options for trademark registration in EU countries:
- Registering a trademark in each European Union member state separately, i.e., national registration.
- Registration of a trademark in Belgium, the Netherlands and/or Luxembourg through the Benelux Office for Intellectual Property (BOIP), the only regional intellectual property office in the EU, to protect the trademark in these three member states, i.e., regional registration.
- Registration through the European Union Intellectual Property Office (EUIPO), securing brand protection throughout the European Union.
In case of filing a common application for all EU countries, a refusal from one of them will be a ground for refusing registration in the other countries, too. On the other hand, the common registration, filed online in one language, is valid in all EU member states.
Another peculiarity of registration in the EU is the mandatory use of a trademark. There is no possibility to register a trademark "for later". If the owner does not use a trademark, it gives grounds for cancellation of registration.
Trademark in the EU (as well as in other countries) is registered for certain goods and services, according to the Nice Classification of Goods and Services. The Nice Classification divides goods and services into 45 categories (or classes). If there are difficulties in determining the choice of a particular class - it is worth asking our consultants. With our extensive and successful experience, we will quickly find the right classes for your brand in the EU.
On October 1, 2017, as a result of Regulation (EU) 2015/2424 amending, what was called the "graphical representation requirement" was removed. That is, if your trademark falls into one of the trademark categories adopted by the Office and can be represented in the accepted formats, you can file it as an application without the need for graphic representation.
Timing And Procedure For Trademark Registration In The European Union
As in other countries, in the European Union there are a number of checks before the application is registered. EUIPO will examine the submitted trademark for compliance with the formal requirements. If this check is successful, the Office proceeds to verify the uniqueness of the mark. We strongly recommend ordering a full trademark verification against the database of registered and applied for trademark registrations. This will greatly increase the probability of a positive decision by the Office.
As for the timing, it is possible to register a trademark (trademark) in the European Union in about 4 months from the date of filing the application. There is also an accelerated procedure, but only for EU residents.
Registration fee of 850 euros allows you to choose one class. For an additional fee of 50 euros you can add a second class, and for three or more classes you have to pay 150 euros for each class.
The EU trade mark is valid for 10 years. This trademark can be renewed indefinitely, for 10 years at a time for each renewal.
