Global Trademark GO - European Union - Introduction to EU Trademark Application

EU trademarks operate in parallel with domestic trademarks in EU countries and do not conflict with each other. However, trademarks that have been registered or applied for registration in EU countries constitute prior rights against EU trademark registration, and vice versa. Marks that can be registered as EU trademarks include words, graphics, three-dimensional signs, colors, and sounds, but they must be distinctive (can be distinguished from other products and services), can be expressed clearly and objectively, and must not conflict with prior rights. Marks that are purely descriptive, that is, merely describe the characteristics of a product or service, cannot be registered as an EU trademark. EUIPO divides trademarks into individual marks, collective marks and certification marks. Personal trademarks are actually ordinary trademarks, and both individuals and organizations can apply for registration. Collective trademarks and certification marks are no different from those in our country. The owner of an EU registered trademark enjoys the exclusive right to use the trademark valid in all EU member states now and in the future. There are two ways to obtain an EU registered trademark, one is to apply for registration directly to EUIPO, the other is to file an application for international trademark registration and designate the EU as the effective area. EUIPO recognizes 6 months of international priority. If a trademark registration application is filed again in the EU within 6 months after China first files a trademark registration application, it can enjoy priority. If a trademark registration application is submitted within 6 months after the product is first exhibited at an international exhibition officially organized or recognized by the EU, you can also claim exhibition priority.

1. Trademark authority:

• European Union Intellectual Property Office
• English: European Union Intellectual Property Office, abbreviation: EUIPO
• Website: EUIPO - Home (europa.eu)
• Trademark search: EUIPO - eSearch (europa.eu)

2. How to apply for trademark registration:

• Apply online (recommended)
• paper application

3. Trademark registration application language:

• English, French, Spanish

4. Documents required for trademark registration application:

• Applicant details
• List of goods and/or services
• Trademark pattern
• The priority document can be submitted within 3 months from the filing date.

5. European trademark registration application process:

• After receiving the trademark registration application, EUIPO will first conduct a trademark classification review and formal review. If any problems are found, the applicant will be notified to make corrections within 2 months. If it fails to make corrections within the specified time, EUIPO will reject the application or claim in whole or in part. After passing the formal examination and the examination based on absolute grounds, EUIPO will translate the trademark application and publish it in the EUTM Bulletin. If no one raises any objection or opinion within 3 months, or if the objection or opinion is not established, EUIPO will announce the registration in the EU Trademark Gazette and issue an electronic registration certificate.

6. Trademark cancellation

• If a registered trademark has not been used for five consecutive years, anyone can file a request to cancel the trademark for non-use. Anyone can also apply to EUIPO to cancel a registered trademark or declare a registered trademark invalid. If you are dissatisfied with EUIPO's final decision, you can also appeal according to the steps in the previous paragraph. If an EU registered trademark is transferred or licensed to others, it must be filed with EUIPO.

7. Trademark objections

• Anyone who believes that the announced trademark damages his or her prior rights can file an opposition request within 3 months of the trademark announcement period. EUIPO will first conduct a review of the opponent's qualifications and give both parties a cooling-off period so that the two parties can negotiate on the conflicting trademark. If this fails, EUIPO will make the final decision.
• Objection fee: 320 euros.

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8. Authorization, validity period and trademark renewal

• An EU trademark is valid for 10 years from the date of application and can be renewed once every 10 years with no limit on the number of times. Trademark rights holders may submit a renewal request within 6 months before the expiration of trademark protection. If a renewal request is made within the 6-month grace period, a 25% late fee will be charged.
• Renewal fee: €850.

9. Average time for trademark authorization

• The average processing time from application to registration without objection is approximately 4-6 months.

10. Madrid registration

• An international application can be filed based on an EU trademark, or the EU can be specified in the international application. When the EU receives an international application from the Office of origin, it will check whether all application requirements are met and whether the goods and services are correctly classified. If there is no problem with the verification, it will register the trademark in the International Register and publish it in the International Gazette. If there are any grounds for refusal, the EUIPO must send a provisional refusal notice to WIPO within 6 months of the re-publication. If the provisional rejection concerns only some goods and services and the holder does not process them, only those goods and services will be rejected and the remaining goods and services will be accepted.

11. Documents required for trademark transfer:

• Power of attorney
• Change information
• transfer agreement