Apply For An EU Trademark: Europe-Wide Trademark Protection Via EU trademark

If you want to earn money with your business throughout Europe, you also have to think about protecting your trademark - because the German trademark is not protected against copying by competitors abroad. The solution: apply for an EU trademark and secure trademark rights for Europe as well. 

Profitmark will always be your reliable partner in all matters of trademark registration in the European Union. More details here: 

https://profitmark.net/trademark_registration/eu 

Important Intellectual Property Information 

With a European trademark application, you can protect your trademark against misuse and imitation in all member states of the EU. 

You register the EU trademark with the European Union Intellectual Property Office (EUIPO). 

The EUIPO registers the trademark if there are no absolute grounds for refusal (e.g. lack of distinctiveness). 

After successful EU trademark registration, you can enforce claims for injunctive relief and damages if competitors infringe your trademark rights. 

A lawyer will check whether your trademark is protectable and no collisions with other trademarks are to be expected. 

In addition, he will take care of the registration of the EU trademark for you. 

General Information About The EU Trademark Application 

A European trademark (Union trademark) serves to identify products and services offered throughout Europe. It not only gives products a recognition value, but also grants the owner the exclusive right of use and comprehensive trademark protection through registration. 

If, for example, your slogan or logo can be translated into a descriptive adjective in the local language of an EU country, the trademark may violate absolute grounds for refusal. The EUIPO can then refuse to register the EU trademark with corresponding effect for the entire EU. 

A German trademark is - as the name suggests - only protected in Germany by an application to the DPMA. If you are currently concentrating on the German market, you can apply for a national trademark for the time being. 

This is less expensive and still offers you extensive protection rights. It is irrelevant whether it is a figurative mark or a word mark - the claim to trademark protection extends to figurative marks as well as word marks and shape marks at the European level. 

Opposition To Reapplication: If someone applies for your or a similar EU trademark, you can object to the registration at the EUIPO. 

Cease-And-Desist Letter: If a third party uses your trademark without permission, you can issue a cease- and-desist letter to that third party for trademark infringement or, if applicable, for copyright infringement and request that they submit a cease-and-desist declaration. 

Legal Action: If the trademark infringement continues despite the warning, you can file a lawsuit, request a ban and claim damages. The court may order that copies already produced be confiscated. 

What Can I Apply For As An EU Trademark? 

The European trademark you wish to register must have sufficient distinctive character and must not be descriptive. For example, you can register names or logos as an EU trademark. Possible components of the trademark: 

• Letters or words 

• Numbers 

• Personal names 

• Shapes and images 

• Colors 

• Melodies 

A combination of the above elements is also possible as a European Union trademark.

Trademark Registration In The European Union

Community trademark has a single legal protection and is valid in the territory of all 28 member states simultaneously, i.e. it can be registered, transferred to another owner, its registration can be cancelled or its use can be prohibited in the territory of all 28 member states simultaneously. 

Community trademark registrations are handled by the European Union Intellectual Property Office (EUIPO) in Alicante, Spain. Registration of the Community Trademark is effected by filing one application in one of the five languages of the EUIPO and paying a single fee. The term of validity of the European trademark is 10 years with an option to extend it for another 10 years for an unlimited number of times. 

Benefits Of The European Trademark 

Obtaining a trademark protection document in all 28 European Union countries upon filing a single application and paying a single fee; 

Submission of a single application with uniform formal requirements; 

To avoid termination of the trademark validity on the grounds of non-use within 5 years it is enough to confirm its use only in one of the countries of the European Union. 

Stages Of CTM Registration 

1. Filing Of Application 

The application shall be filed with the EUIPO and shall contain 

• An application form specifying the applicant's data; 

• The list of goods and services for which the trademark is applied for; 

• A picture of the trademark; 

• A single fee is charged for the application, the amount of which may vary depending on the number of specified classes of goods and services. 

It should be noted that the applicant is entitled to priority within 6 months after filing an application for registration of an identical trademark in any country party to the Paris Convention. 

2. Search 

A search is made by EUIPO after the application is given a filing date. Search is necessary to identify already registered trademarks or those filed for registration which might later prevent registration of the applied-for trademark. 

It is to be noted that an applicant can receive not only the main search report but also reports of the central industrial property offices of the member states of the Union. In this case, it is necessary to indicate which countries' reports are necessary and to pay the corresponding fee for each selected country. The search reports are to be submitted within 2 months from the filing date of the application. 

3. Publication Of The Application 

If the application satisfies all requirements, the EUIPO will publish the application. 

Within 3 months from the publication of the application, third parties have the right to oppose the registration of the trademark. 

4. Registration 

If within 3 months from the date of publication no objections have been filed or they have been challenged, the mark is published in the official gazette and electronic version of the certificate of registration of the mark is sent to the applicant or representative of the applicant. A paper version of the certified or uncertified copy of the original certificate of registration may be issued upon request. 

Register Right 

Filing for a trademark in the European Union isn't simple or straightforward. Remember these steps when you or your company decide to register for a trademark in the EU to make it a smoother process.