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Trademark in the EU
step-by-step guide and answers to key questions on TM registration in the EU
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A registered trademark in the EUIPO system provides protection in all 28 EU member states at once. You do not need to register a trademark separately in each country.
The process of TM registration in the EU consists of
of six stages
1
Preliminary check
Comprehensive preliminary trademark check before entering the EU market.
We recommend conducting a thorough search yourself or with the help of a lawyer.
(!) If you register a trademark with us, the preliminary check is free of charge.
We recommend conducting a thorough search yourself or with the help of a lawyer.
(!) If you register a trademark with us, the preliminary check is free of charge.
2
Submitting an application
Filing an applicationFiling an application. You follow the instructions on the EUIPO platform, prepare and submit your application.
We have successful experience in registering more than two dozen trademarks in the EU.
During the first free consultation, we will discuss your trademark registration needs and determine the way forward.
We have successful experience in registering more than two dozen trademarks in the EU.
During the first free consultation, we will discuss your trademark registration needs and determine the way forward.
3
Inspection by an EUIPO specialist
The application is checked by a specialist of the European Union Intellectual Property Office (EUIPO).
The application may receive comments on the correctness of the selected class, the wording of the description, or the difference between the TM and others.
If such comments arise, you will receive an Office Action. You must respond within the specified time.
The application may receive comments on the correctness of the selected class, the wording of the description, or the difference between the TM and others.
If such comments arise, you will receive an Office Action. You must respond within the specified time.
4
Publication in the newsletter
After verification, the trademark is published in the official EU Trademark Bulletin.
This is an important point, as other trademark owners have the opportunity to file an opposition/appeal within 3 months.
This is an important point, as other trademark owners have the opportunity to file an opposition/appeal within 3 months.
5
Obtaining a certificate of registration
If there are no appeals, EUIPO registers the TM within 2-4 weeks.
After that, you will receive a certificate and the right to use the ® symbol.
After that, you will receive a certificate and the right to use the ® symbol.
6
Monitoring
The validity of a TM in the EU is 10 years. TMs need to be renewed every 10 years, as EUIPO does not provide reminders of the need for renewal.
It is also necessary to monitor for infringement. For example, competitors may misuse your trademark. This is a reason to go to court.
(!) You can delegate such monitoring to us
It is also necessary to monitor for infringement. For example, competitors may misuse your trademark. This is a reason to go to court.
(!) You can delegate such monitoring to us
FaQ
answer frequently asked questions
- Why do you need to register a trademark in the EU?TM registration in the EU provides legal protection for your brand in all 28 member states of the European Union.
- I have a registered trademark in the United States. Can I use it in the EU?No, a US trademark provides protection only in the United States. For protection in the EU, you need to register an EU TM.
- What is the first step in registering a trademark in the EU?
Conduct a thorough trademark search in the EU. It is necessary to make sure that your TM does not infringe on existing trademarks. - Can I apply for an EU trademark on my own?Yes, it is possible. However, engaging an experienced lawyer will allow you to go through all the stages faster and without unnecessary hassle.
- What is the Madrid Protocol?An international treaty that allows you to file a single trademark application covering more than 90 countries, including EU member states.
- How long does it take to register an EU trademark?Approximately 4-6 months from submission of the application to issuance of the certificate. Provided there are no objections or complications.
- What should I do if there is an opposition/appeal against my trademark application?This conflict needs to be resolved. The ways to resolve it vary from situation to situation. Legal assistance can greatly simplify this process and increase the chances of success.
- What is the Fast Track procedure?This is an option of the accelerated trademark registration procedure through the EUIPO, under which applications are processed 50% faster than under the standard procedure. To obtain this option, a number of requirements must be met.
- How much does it cost to register an EU trademark with you?The cost of our services is 380 EUR. The amount of the official fee = 850 EUR.
- What is the validity period of the EU trademark?10 years (renewable for the next 10 years).
- Will EUIPO send reminders to renew my TM?No
- Do I need to use the TM to keep it valid?Thus, to maintain the registration, you need to actively use the TM for commercial purposes.
- Can my EU trademark be canceled?Yes, if it is not renewed within the prescribed timeframe, or if it is not used in the EU for 5 years.
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Phone: +380 73 250 9731
E-mail: info@sherstiuk.legal
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