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A trademark is a recognizable sign or expression that distinguishes products of one source from others.
The procedure involves a centralized application process through the EU Intellectual Property Office (EUIPO), which allows for protection across all member states.
The Directive was adopted by the European Parliament and the Council on December 16, 2015, and aimed to harmonize trademark laws across the EU member states.
The EUIPO is an agency of the EU responsible for managing and registering European Union trademarks and registered Community designs.
The main normative acts are the EU Trademark Regulation (Regulation (EU) 2017/1001) and the Directive (EU) 2015/2436 harmonizing the laws of EU member states relating to trademarks.
Conduct a comprehensive trademark search to check for similar existing marks and potential conflicts.
Conducting a comprehensive trademark search is essential to determine if the chosen mark is already in use or registered by others.
These professionals possess in-depth knowledge of trademark laws, regulations, and procedures, ensuring that your trademark application is handled accurately and efficiently.
Conduct a comprehensive trademark search to ensure the mark's availability, prepare the application form, pay the required application fee.
The requirements include the applicant's details, a clear representation of the trademark, a list of goods and services to be covered, and the payment of appropriate fees.
The registration process can take several months to a few years, depending on the complexity and potential opposition.
The registration cost includes the application filing fee, which varies among different trademark offices, and may increase if multiple classes of goods/services are included.
Using the EUIPO's online search tool, one can enter the desired trademark and conduct a comprehensive search for identical or similar marks already registered or pending in the EU.
The assessment of the risk of collisions with other brands involves conducting a comprehensive search to identify existing trademarks that may be similar or identical to the proposed mark.
After conducting a trademark search and receiving the search results, it is essential to review and analyze any potential conflicts or similarities with existing marks.
The EUIPO's expert assessment involves reviewing trademark applications for compliance with registration requirements, potential conflicts with existing marks, and ensuring that the mark meets the necessary distinctiveness criteria.
During the trademark review process in the EU, the possible outcomes include a positive decision, where the trademark is accepted and registered, or requests for additional information or amendments to the application to address any concerns or issues raised by the examining authority before a final decision is made.
In case of application rejection by the EUIPO, the applicant has the right to appeal the decision. The appeal process involves submitting an appeal to the EUIPO's Boards of Appeal within two months of receiving the rejection decision.
The EUIPO issues a trademark registration certificate that serves as official proof of the trademark's registration and ownership rights within the EU member states.
The trademark owner obtains exclusive rights to use the mark for the specified goods or services throughout all 27 EU member states.
In the EU, the validity of trademark registration is typically ten years from the filing date.
As the registered trademark owner, you have exclusive rights to use the mark for the specified goods or services, safeguarding your brand identity and market presence.
Trademark owners must actively and continuously use their registered marks for the specified goods or services. Failure to do so can lead to the loss of trademark rights due to non-use.
If someone uses an identical or similar mark for similar goods or services without authorization, it may constitute trademark infringement. The owner can enforce their exclusive rights through legal actions, seeking remedies such as injunctions, damages, and the seizure of counterfeit goods.
The procedure involves filing a single application with the applicant's national or regional trademark office, which acts as the "Office of Origin," and subsequently designating multiple member countries where protection is sought.
Advantages of international trademark registration include cost-effectiveness, as a single application covers multiple countries, reducing filing expenses. Limitations include dependency on the basic application or registration, which may restrict the scope of protection.
Tips for choosing and preparing an application
Registration fees for a single-class application at the EUIPO range from approximately €850 to €1,000. The term of trademark registration in the EU is ten years from the date of filing.
Monitor and enforce your registered trademark rights through regular searches for potential infringements, maintaining proper usage guidelines, and taking appropriate legal action when necessary.
A notable trend in the field of trademarks is an increasing focus on digitalization and the protection of trademarks in the online environment.
Trademark registration in the EU is of utmost importance as it provides legal protection and exclusive rights to the trademark owner.
Trademarks establish brand identity, fostering customer loyalty, and increasing market visibility.
For businesses operating in the EU, trademark registration is essential for gaining legal securing exclusive rights to their brands.