This article will provide detailed information about the registration of a European Union trademark.
It is important to note that when registering a European Union trademark, it is advisable to seek the assistance of a specialist with experience in the field, as a thorough knowledge of trademark law is required and a number of specificities need to be taken into account. An experienced trademark specialist will not only take care of the registration of your European trademark but will also help you successfully protect your trademark after registration, which is one of the most important duties of any trademark owner.
One of the most frequently ordered services in the past years in the practice of the law office of Krasimira Kadieva is the registration of a European Union trademark. The team of the law office of Krasimira Kadieva offers a comprehensive analysis and strategy for the effective protection of trademarks as an industrial property object, both at the time of registration and in violation of the rights thereto. Krasimira Kadieva will gladly assist you in the registration of a European Union trademark by providing professional advice and preparation of all necessary documents, as she is a European Trademark and Design Attorney at the European Union Intellectual Property Office (EUIPO). Attorney-at-law Krasimiea Kadieva is an author of numerous articles in the field of trademark law and monitors all the changes to the legislation in this field by constantly attending conferences, practical courses, seminars and webinars for improving her professional qualifications.
What is a European Union trademark?
An EU trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
- distinguishing the goods or services of one undertaking from those of other undertakings; and
- being represented on the Register of European Union trade marks (‘the Register’), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
Advantages of registration of a European Union Trademark:
- Тhe protection is spread on the territory of all member states of the European Union.
- Upon further expansion of the European Union, the EU trademark automatically extends its territorial protection.
- The registration procedure is simple: it is not necessary to have a basic application or basic registration in the country of origin; only one application for registration shall be submitted; the registration procedure is in one language; the correspondence is only with one administrative body; only one industrial property representative can be used; fees are paid in one currency; only one registration is maintained.
- Lower costs: the system of the European Union trademark is the most economically advantageous compared to the total cost of separate national registrations in all or several countries.
- The date of filing of the European Union trademark is recognized as a priority date for filing of subsequent requests in the national and international order.
- Obligation to use – for use shall be considered if the trademark has been used even in only one Member State or part of it.
- The European Union trademark may be transferred, in respect of all or part of the goods and/or services.
- The mark of the European Union constitutes an earlier right in respect of subsequent marks in all Member States.
Who can apply and how?
Any natural or legal person may apply for registration of a European Union trademark. Applicants who do not have a permanent residence in a Member State of the European Union are obliged to use the services of an industrial property representative.
The application for registration of a European Union trademark can be submitted directly at the European Union Intellectual Property Office or electronically.
Language
The application for registration of a European Union trademark may be filed in one of the languages of the member states of the European Union, but аpplicants are also obliged to choose a second language which shall be chosen among the five working languages of the European Union Intellectual Property Office, namely: English, French, German, Spanish and Italian. Languages cannot be changed after the filing of the application.
Period of validity of the European Union Trademark
The period of validity of the registration is 10 /ten/ years from the filing date of the application for registration in the European Union Intellectual Property Office. Registration may be renewed indefinitely for subsequent periods of 10 /ten/ years.
What kind of rights does a registered European Union trademark provide?
The European Union trademark entitles its holder to prohibit third parties from using in the entire European Union without his consent trademarks which are identical or similar to the registered trademark for similar and/or identical goods and/or services. Important it is to be noted that if the European Union trademark has a reputation in the European Union, the ban on the use of identical and similar signs extends to goods and/or services which are not similar and/or identical to those for which the trademark is registered as trademarks with reputation have a broader protection.
How long does the registration process last?
The period from the filing of the application for registration of a European Union trademark until its registration, in the event that no opposition has been filed, is about four months.
If you would like to register a European Union trademark you are therefore advised to contact a trademark attorney for professional advice and preparation of all necessary documents. The trademark attorney in Bulgaria Krasimira Kadieva will gladly assist you during the registration process of your trademark by providing professional advice and preparation of all necessary documents.
The European Union trademark registration service, that we provide includes the following steps:
- Strategic analysis;
- Consultation – providing information on the registration procedure;
- Providing of a specially prepared brochure containing important information about the European Union trademarks;
- Conducting a preliminary search of existing identical or similar trademarks in order to avoid trademark infringement (unauthorized use) and potential lawsuits;
- Drafting of a detailed analysis of the data and recommendations for further actions, including and, where necessary, proposals for change in the trademark before submitting the application for registration to overcome the infringement of existing prior rights on identical or similar trademarks;
- Analysis of the mark pursuant to the Regulation 2017/1001 and provision of the results of the analysis;
- Proposal of an appropriate range of goods and services for which the European trademark should be filed;
- Filing of the application form for registration of the European trademark;
- Payment of fees;
- Submission of the application form for registration of the European trademark at the European Union Intellectual Property Office (EUIPO) ;
- Legal representation during the registration process;
- Timely communication with the client on the course of the registration procedure;
- Obtaining a certificate for a registered European Union trademark;
- A reminder of the deadline for renewal of registration of the European Union trademark.
If you wish to assign us the registration of your European Union trademark, you can use the electronic services by filling in the relevant electronic form, which is available HERE.
EACH CLIENT WILL RECEIVE A FREE E-BOOK CONTAINING ARTICLES WITH USEFUL INFORMATION ABOUT TRADEMARKS.
FOR YOUR NEXT ORDER OF ANY OF OUR SERVICES YOU WILL RECEIVE UP TO 15% DISCOUNT.
Legal Disclaimer: This material prepared by Krasimira Kadieva aims to give information about European Union trademarks. It does not constitute a legal opinion and cannot be interpreted as individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of trademarks as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP attorney in Bulgaria Krasimira Kadieva assists in all types of trademark registrations by providing professional advice and preparation of all necessary documents.