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Trademark application EU

The EU Trademark, also referred to as the European Union Trademark or the Intellectual Property Office of the European Union (EUIPO) Trademark, plays a crucial role in safeguarding the intellectual property rights of individuals and enterprises operating within the European Union.

The EU Trademark acts as a potent instrument for brand owners to secure exclusive rights over their distinctive elements, including logos, names, slogans, and product packaging. By acquiring registration for an EU Trademark, individuals and businesses can safeguard their brand identity, prevent counterfeiting and unauthorized usage, and foster consumer trust.

Ultimately, the EU Trademark system assumes a pivotal position in promoting innovation, protecting brands, and facilitating fair competition in the European Union.

The EU TM provides the option to obtain protection in all EU states for much less cost compared to separate national trademark registration. The single trademark makes the process of managing and maintenance less complicated as well.

On the other hand, the trademark, which covers many countries, increases the risk of identifying similar brands during the application process or after registration and makes potential disputes more expensive and complicated.

All the national trademarks filed for registration or registered before have the same legal right in a territory of such a country as an EU TM and еру EUTM owner has no privileged position about national registrations.

Responsible for managing the European Union's trademark and design rights is the EU Intellectual Property Office (EUIPO) with headquarters in Alicante, Spain. The EUIPO administers the registration process and maintains databases of registered trademarks and designs.

The registration of EUTM offers advantages in comparison to obtaining national trademarks within individual EU member states

Extensive Geographic Coverage

A single application for an EUTM grants trademark protection across all 27 member states of the EU. As a result, there is no longer a necessity to submit separate applications in each country, resulting in time, effort, and cost savings associated with multiple national registrations.

Cost-Effective

Registering an EUTM proves to be more budget-friendly compared to obtaining separate national trademarks. Instead of making separate payments for each country, you only need to pay a single application fee for an EUTM. Additionally, the maintenance and renewal costs associated with an EUTM are often lower than those of multiple national trademarks.

Uniform Protection

An EUTM ensures consistent and standardized protection throughout all EU member states. This means that the same rights and enforcement procedures apply in every country, providing brand owners with greater legal security and predictability.

Streamlined Process

The process of applying for an EUTM is streamlined since you only need to submit one application to the EUIPO. This unified approach reduces administrative burdens and simplifies the registration process compared to submitting separate applications to various national offices.

Enhanced Enforcement

If you need to enforce your trademark rights, an EUTM offers advantages in terms of enforcement procedures. You can benefit from the centralized enforcement mechanisms provided by the EUIPO, including opposition proceedings and cancellation actions.

While an EUTM offers numerous benefits, it is important to consider specific national requirements, linguistic variations, and potential conflicts with existing national trademarks. These factors should be taken into account when pursuing trademark protection.

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Cost of trademark registration in the EU

When applying for trademark registration in the EUIPO, various fees are involved.

The basic application fee is determined by the number of classes of goods or services you want to cover with your trademark. The EUIPO uses the Nice Classification and allows multi-class registration. Each class represents a specific category of goods or services. The fee increases with each additional class you include in your application.

In addition to the basic application fee, there is an additional fee for each class beyond the first. This means that if you want to register your trademark in multiple classes, you will incur an extra fee for each additional class.

Name of service	Official fee, EUR
Filing application in one class	850
Filing application in two classes	900
- additionally for each subsequent class	150

The Pocket IP service fee remains the same for any number of classes and is 150 EUR.

The payments are accepted in USD, EUR, GBP, CAD, and PLN (at a client’s request). Both bank payment and card payment are available.

There is no additional fee for Registration and Trademark certificate issuing.

EUIPO issues certificates in electronic form only.

POA is not required to file an EUTM application.

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Benefits of EU Trademark registration online with Pocket IP

Convenience: With online registration via Pocket IP, you can conveniently complete the entire trademark application process from wherever you are. You can submit your application, make payments, upload and store the necessary documents in our service.

Time-Saving: Online registration significantly reduces the processing time. Your application can be processed faster, and you can receive updates and notifications promptly on your email and on your Pocket IP account.

Cost-Effective: The online process with Pocket IP offers reduced fees compared to traditional ways of trademark filing.

Access to additional services: Online registration provides access to comprehensive resources and tools to assist you throughout the process. You can access guidelines, forms, databases, and search tools offered by Pocket IP to conduct pre-filing research and ensure a smooth application process.

Real-Time Status Updates: you can track the progress of your application in real-time. Pocket IP online platform allows you to monitor the status of your application, receive updates on any actions or requirements, and view examination reports or notifications.

Secure and Reliable: Pocket IP ensures the security and integrity of your trademark application and related documents. The service provides a reliable platform for completing all registration-related procedures and utilizes robust security measures to protect a private information.

Timeline

Pre-application research

Optional

Prior to submitting your trademark application, it is advisable to conduct a search to ensure that your proposed mark is not already registered or in use by another party within the EU. This step helps minimize the risk of potential conflicts or rejection of an application.

Application submission

Prepare all information

Once you have completed the necessary research, you can proceed with filing your trademark application with the EUIPO. The application must include all the required information, such as the applicant's details, representation of the mark, and a list of goods or services.

Formal examination

EUIPO review up to 2 months

Following the submission of the application and paying official fee, the EUIPO conducts a formal examination to verify compliance with all the necessary requirements. This involves assessing the completeness of the application, determining the eligibility of the mark for registration, and translation into all the official languages of the EU. This stage typically takes 8-11 weeks.

Publication

Publication date for oppositions

In the event that the EUIPO identifies no formal deficiencies, the trademark application will be published in the EU Trademark Bulletin. This publication serves the purpose of allowing third parties to oppose the registration of your mark if they believe it conflicts with their existing rights.

Opposition period

3 months

If any third party opposes your trademark registration during the opposition period, a formal opposition proceeding will be initiated. This stage involves the exchange of arguments and evidence between the parties involved. The opposition period lasts for three months.

Registration

Trademark certificate is ready

If no oppositions are filed during the designated period or if the opposition proceedings are resolved in your favor, the EUIPO will proceed with the registration of your trademark. You will receive a registration certificate, and your mark will be published in the EU Trademark Bulletin. In case your application is refused, you will receive a notification outlining the reasons for refusal.

The process of applying for a trademark in the European Union (EU) typically takes approximately 5-6 months to get a trademark certificate.

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FAQ

How do I get an EU trade mark?

To get an EU trademark, conduct a search, prepare your application with required details, submit it online through the Pocket IP, undergo formal examination, and if approved, your trademark will be published. If no oppositions arise, your EU trademark will be registered.

What countries are covered by a EU trade mark application?

EUTM registrations offer coverage across all EU Member States, including certain overseas regions. However, there are exceptions and additional measures required for specific territories:

Denmark: Greenland and the Faroe Islands are not covered by an EUTM. Separate Danish national trademark registrations are necessary for protection in those regions.
Spain: The Canary Islands, Ceuta, and Melilla are included in the EUTM coverage.
France: Martinique, Guadeloupe, Reunion, and Guyana are covered by an EUTM. However, for New Caledonia, Wallis and Futuna, French Polynesia, French Southern and Antarctic Territories, and Mayotte, national trademark registration in France is required for protection.
Portugal: The Azores and Madeira are included within the EUTM coverage.

Additionally, certain regions are not covered by the EU trademark:

Northern part of Cyprus, Saint Barthélemy, Saint Pierre and Miquelon, Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, and Sint Maarten (NL) do not fall under the protection of an EUTM. Separate measures, such as national trademark registration, are needed for protection in these regions.

How to apply for a European Union trade mark

To apply for a European Union trademark, conduct a thorough search, gather necessary information, and submit your application online through the EUIPO system or Pocket IP service. Pay the application fees based on the number of classes of goods/services. The EUIPO will conduct a formal examination, publish the application, and allow a period for oppositions. If no oppositions arise, your EU trademark will be registered.

What is FastTrack?

The EUIPO offers the FastTrack program, designed to accelerate trademark application examinations. FastTrack applicants enjoy expedited processing and quicker decisions. To be eligible, applicants must meet specific criteria, including selecting goods/services from the Harmonised Database and ensuring their trademark is not a collective mark or a certification mark. FastTrack streamlines the process, benefiting applicants who meet the program’s requirements and seek a faster trademark examination experience.

EUTM or several national trademarks?

Choosing between an EUTM (European Union Trademark) or several national trademarks depends on your specific needs. An EUTM offers wide geographic coverage, streamlined application process, and cost savings compared to individual national trademarks. However, national trademarks may be necessary if you primarily operate within specific member states or face potential conflicts. Consider factors such as your target market, business scope, and budget when deciding between EUTM and national trademarks.

How long does EU trade mark application take?

On average, it usually takes approximately 5-6 months to finalize the European Union trade mark application process. This encompasses the formal examination, the opposition period during publication, and ultimately, the registration. The actual duration can vary, influenced by factors like application complexity, potential oppositions, and the workload of the European Union IP Office during the submission period.

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