EU trademark registration is different from that of UK or US. The European Union trademark covers all its twenty eight member states of the EU. It is a cost-effective way of obtaining the whole Europe-wide protection through a single application.
A registered EU trademark provides the owners exclusive rights of that mark and ensures legal protection is in favor of the owner in cases of infringement. It will act as an effective deterrent against third party unauthorized use of the mark.
I. Requirements on EU Trademark Application
A trademark application has to be filed at the European Union Intellectual Property office (EUIPO). A simple signed power of attorney is required. Foreign applicants do not need a domestic registration.
II. Classification of Goods and Services
When you apply for a an European Union Trademark registration, you have to specify the classes for which your trademark will be registered for. Classes are the products and services that will be associated with your trademark. The International Classification of Nice is the system that is in place for grouping products and services.
This system uses 45 classes, 34 for products and 11 for services. The European Union Trademark only offers protection within the chosen classes at the time of registration. This allows two identical trademarks to coexist in different classes. Before filing the trademark application we will assist you in determining the correct classes for your trademark application.
III. EU Trademark Registration Procedure
Registering a trademark is not always a simple matter of submitting an application. Many jurisdictions do not make information readily available to the public and some do not provide reliable data online. Researching similarities to your trademark can be a complex task.
The application process includes an official search for identical or similar trademarks. It takes approximately 7 months from first filing to registration. The trademark is published in the “ Trademarks Bulletin” before registration. It is possible to file an opposition against the trademark registration at a court within 3 months from the date of publication.
A trademark registration in the European Union is valid for 10 years and starts at the day of registration. The registration is renewable for periods of 10 years.
IV. EU Trademark Registry
In general, a trademark has to be registered in each individual country where you want the trademark protection to apply. However, some regions have signed treaties to make it possible to register a trademark in multiple countries at once. The European Union has one of these treaties in place. The European Trademark applies to all countries within the European Union. European Trademarks are registered at the EUIPO. As stated before, this office will not actively check for existing trademarks when someone tries to register its European Union Trademark. Therefore, problems can occur when a third party registers a similar trademark. Always make sure you have a system in place to check for future trademark applications.
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to email@example.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020,Dongmen Rd South, Luohu District, Shenzhen, China.
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