If you have decided to register a trademark (Community Trademark – CTM) in Europe, then you need to know the following information to avoid trademarking tribulations:
Currently, trademark registration is valid in all member countries of the European Union:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Great Britain.
In order to start registration of the trademark it is necessary to apply to the Office for Harmonization in the Internal Market (OHIM). A power of attorney is not required for filing the application.
The Following Information Is Required At The Time Of Filing:
• Name and address of the applicant(s).
• Contact information (phone, e-mail, website address);
• Picture of the trademark in jpg format or the name of the word mark;
• Complete list of goods and services provided by the applicant;
• Country, date of filing and number of priority application in case of claiming Convention priority.
Upon filing of the application also it is necessary to pay the state duty which is 900 Euro.
Our company provides a full range of services for registration of a trade mark (trademark) in Europe:
Filing An Application For Registration Of A Trademark
National search for similar trademarks (trade marks). This is not a prerequisite for filing an application and is carried out at the request of the applicant with the help of patent offices of Czech Republic, Denmark, Greece, Lithuania, Hungary, Austria, Poland, Romania, Slovakia and Finland); sending a report on the search for similar trademarks (trade marks); claiming conventional priority; claiming Senority (made for each country); Printing, checking and sending of the trademark registration certificate by registered mail to the applicant; Documents delivery by courier to the applicant. Registration of Trademark (Trademark).
At the first stage OHIM conducts a formal examination of the application as well as examination of the applied designation for refusal in all the official languages of the EU. Then, the application is subject to compulsory publication, and those owners who have registered trademarks earlier (and accordingly we are talking about trademarks valid in the EU) have the right within three months from the date of publication of the application to file a complaint against the published application.
If no claims are filed, the Office for Harmonization of the Internal Market carries out the registration and publishes the details of the registration on its website. If no obstacles for the registration of the trademark are found, the decision is taken within 3-5 months. As a result of the decision, the certificate of registration of the trademark (trade mark) is published in the electronic form on the official OHIM site. If the applicant wishes, a paper certificate (a copy made from the website) can be sent to him. According to the registration procedure, it is enough for the certificate to be posted on the official website.
After completing the registration procedure, the trademark is valid in all 28 EU countries.
More Information You Need To Know About Trademarking
In the European Union, trade marks (trademarks) can be registered under various procedures: Trademarks (trademarks) registered with the Office for Harmonization of the Internal Market (OHIM); international trademarks, registered under the Madrid system for the registration of trademarks (according to the Madrid Protocol, indicating individual countries or the entire European Union);
National trademarks registered in the national patent offices of EU countries. More details about the procedure and conditions of trademark registration in Estonia can be found in the section “Publications” – Registration of Trademarks in Estonia.
DKLex Consulting Group provides additional services in searching for trademarks (trade marks), registered earlier in EU countries.
Trademark Time
As you can see, getting and keeping a registered trademark in the EU isn’t always simple or easy. Keep all of this information in mind if you or your business is looking to register or extend a trademark in the European Union.
