Overview of European Union Trademark Registration Service

LegalForce is one of the Largest Trademark Filers in the world. Filing a trademark application is easy and painless. You can finish your trademark in 5 minutes.

European Union Trademark Registration

Standard Package of Trademark Services $449 USD + govt fee

(374.17 Euro)
  • In the Standard Package, Filing a trademark application is easy and painless. You will be guided through a simple workflow to fill out the information needed to publish your trademark on Trademarkia or file your trademark with the government. If you select the government option, a licensed trademark attorney will represent you in the filing your trademark after performing a conflict check.
  • Go through a simple workflow

    All information provided will be kept in absolute confidentiality. Centralized, secure access for your brand trademarks.

  • Select which of the 170+ countries you wish to register

    Top Global IP Attorneys - Easy Online Form, Credibility, and Experience!

  • LegalForce does the rest. All processes will be performed in a timely manner

    Your trademark application will be filed correctly. You will be informed periodically about the process.

World Class Global Trademark Attorneys at Leading Law Firm.

LegalForce - one of the Largest Trademark Filers in the world. You can file and register your trademark in 170+ countries in the world through LegalForce Attorneys, including in the United States, China, Japan, the European Union, Korea, and many others. With the Standard Package, you follow step-by-step instructions designed by world class global trademark attorneys at leading law firm.

It's easy and the protection lasts indefinitely in most countries

Trademarks are names, logos, or short slogans that help distinguish a good or service from other goods and services in a particular geographic area. Once a trademark is issued by a government agency, the protection lasts indefinitely in most countries – so long as you use your mark in commerce. Filing for Trademark Protection through LegalForce Trademarkia is easy! See why LegalForce Service is superior to other options >>

Automated reminders keeps you up to date

Trademarkia can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application. Trademarkia's automated reminders help you so that you don’t have to deal with government bureaucracy or forget important dates.

Background

In 1951, six European countries (France, Germany, the Netherlands, Belgium, Luxemburg and Italy) founded the European Coal and Steel Community (ECSC). This first Community grew out of a plan developed by the French civil servant Jean Monnet and presented by the French foreign minister Robert Schuman on May 9, 1950 ("Schuman Declaration"). In 1957, the six founding members founded the European Economic Community (EEC), and the European Atomic Energy Community (Euratom). The EEC was by far the most important of the three communities. Its purpose was to establish a customs union among the six founding members, based on the "four freedoms": freedom of movement of goods, services, capital and people. In the following years, the European Communities underwent several structural changes and enlarged from six to 25 member states. In 1992, the concept "European Union" was established by the Treaty of Maastricht, which divided EU policies into three main areas, called pillars: The first or "Community" pillar concerns economic, social and environmental policies. The second or "Common Foreign and Security Policy" (CFSP) pillar concerns foreign policy and military matters. And the third or "Police and Judicial Co-operation in Criminal Matters" (PJCC) pillar concerns cooperation in the fight against crime. The Treaty of Maastricht also laid the basis for further forms of cooperation in foreign and defense policy, in judicial and internal affairs, and in the creation of an economic and monetary unionincluding a common currency. This further integration created the European Union (EU). In 1995, Austria, Finland, and Sweden joined the EU, raising the membership total to 15. A new currency, the euro, was launched in world money markets on January 1, 1999; it became the unit of exchange for all of the EU states except the United Kingdom, Sweden, and Denmark. In 2002, citizens of the 12 euro-area countries began using the euro banknotes and coins. Ten new countries joined the EU in 2004- Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia-bringing the current membership to 25. In order to ensure that the EU can continue to function efficiently with an expanded membership, the 2003 Treaty of Nice set forth rules streamlining the size and procedures of EU institutions. An EU Constitutional Treaty, signed in Rome on October 29, 2004, gave member states two years to ratify the document before it was scheduled to take effect on November 1, 2006. Referenda held in France and the Netherlands in May-June 2005 rejected the proposed constitution. This development suspended the ratification effort and left the longer-term political integration of the EU in limbo.

Who May Apply?

My natural or legal person, including authorities established under public law, may be the proprietor of a Community Trade Mark.

What Can Be Registered?

Any sign that fulfills the requirements of Article 4 CTMR and is not blocked by absolute grounds of refusal under Article 7 CTMR.

What Cannot Be Registered?

Not registrable: Under Article 7(1), a sign may not be registered if it: (a) is not capable of distinguishing the goods or services of one undertaking from those of others and thus does not fulfill the requirements of Article 4 CTMR; (b) is devoid of any distinctive character; (c) is purely descriptive in relation to the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service; (d) consists exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; (el consists exclusively of the shape which results from the nature of the goods themselves or the shape of goods which is necessary to obtain a technical result; or the shape which gives substantial value to the goods; (f) is contrary to public policy or to accepted principles of morality; (g) is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service; (h) has not been authorized by the competent authorities and must be refused pursuant to Article Gter of the Paris Convention; (i) includes badges, emblems or escutcheons other than those covered by Article Gter of the Paris Convention and which is of particular public interest, unless the consent of the appropriate authorities to their registration has been given; (j) in the case of trademarks for wines, if the sign contains or consists of a geographical indication identifying wines or for spirits which contain or consist of a geographical indication identifying spirits with respect to such wines or spirits not having that origin; (k) contains or consist of a designation of origin or a geographical indication registered in accordance with Regulation (EEC) No. 2081192 when they correspond to one of the situations covered by Article 13 of the said Regulation and regarding the same type of product, on condition that the application for registration of the trademark has been submitted after the date of filing with the Commission of the application for registration of the designation of origin or geographical indication.

Rights

After publication of a CTM application, third parties may file observations setting forth the particular absolute grounds for ex parte refusal of the application under Article 7 CTMR. Such observations must be communicated to the applicant. Third parties are not, however, a party to any proceeding before OHIM based on such observations.

Filing Requirements

The application for a Community Trade Mark must contain: 1. a request for the registration of a Community Trade Mark; 2. information identifying the applicant; 3. a list of the goods or services for which the registration is requested; 4. a representation of the trademark. 5. if the applicant has appointed a representative, his name and the address of his place of business; , 6. where the priority of a previous application is claimed pursuant to Article 30 of the Regulation, a declaration to that effect, stating the date on which and the country in or for which the previous application was filed; 7. where the seniority of one or more earlier trademarks, registered in a member state, including a trademark registered in the Benelux countries or registered under international arrangements having effect in a member state (hereinafter referred to as earlier registered trademarks, as referred to in Article 34 of the Regulation) is claimed pursuant to Article 34 of the Regulation, a declaration to that effect, stating the member state or member states in or for which the earlier mark is registered, the date from which the relevant registration was effective, the number of the relevant registration, and the goods and services for which the mark is registered; 8. specification of the language in which the application has been filed, and of the second language; 9. the signature of the applicant or his representative. The application for a Community Trade Mark also requires the payment of the application fee and, when appropriate, of one or more class fees. Language regime for filing purposes: The application for a Community Trade Mark must be filed in one of the official languages of the European Community (20 languages). However, the applicant must indicate a second language which must be a language of the Office and the use of which he accepts as a possible language of proceedings for opposition, revocation or invalidity proceedings. The languages of the Office are English, French, German, Italian and Spanish. A CTM application may either be filed directly with the OHIM or else with any EU member state trademark office.

Evaluation & Review

The application procedure can be separated into the following stages: 1. Examination of the list of goods and services covered by the marks by OHIM; 2. Examination of the sign vis-8-vis possible absolute grounds of refusal by OHIM; 3. Publication of the mark; the time limit for filing an opposition expires three months following the publication date of the application; 4. If no oppositions are filed within the three-month period following publication, the CTM application proceeds to registration.

Duration

The CTM registration is valid for a period of 10 years from the application filing date. Registration may be renewed for additional 10- year periods upon payment of renewal fees. The request for renewal and payment of fees must be submitted during the last six months of each term. The OHIM renewal fees are 1350 Euro via e-renewal or 1500 Euro via regular or nonelectronic renewal for a CTM registration containing goods or services in three classes.

Use

If, within a period of five years following registration, the proprietor has not put the Community Trade Mark to genuine use in the Community in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the Community Trade Mark shall be subject to the sanctions provided for in this regulation, unless there are proper reasons for nonuse. A CTM registration is genuinely used if its use differs in elements which do not alter the distinctive character of the mark in the form in which it was registered or if the mark is affixed to goods or to the packaging thereof in the Community solely for export purposes. Use of the CTM with the consent of the proprietor constitutes use by the proprietor.

Domain Names

Since its introduction on April 7, 2006, more than 2 million .eu domain names have already been registered.' The .eu Top-Level Domain (TLD) is the first pan-regional domain name. It is open for any natural persons resident within the EU or businesses established in any of the 25 EU member states. The European Commission appointed EURid (The European Registry for Internet Domains) as the registry for .eu domains. The headquarters of EURid are located in Brussels, Belgium. Applications for.eu domains cannot be filed through EURid itself but have to be submitted via an accredited registrar. EURid operates a WHOIS database which includes information about the registrant and technical data.

Enforcement

EC Regulation No. 138312003 became effective throughout the European Union on July 1, 2004. Under this regulation, a wide range of intellectual property rights are protected against counterfeiting and/or piracy. Regulation No. 138312003 provides for both a procedural framework to be followed by customs officials, upon written application by the trademark proprietor, where counterfeitinglpiracy is suspected, as well as providing for specific measures to be taken once counterfeiting piracy has been established. The new, streamlined procedure set forth by this regulation authorizes direct contact with customs officials with respect to the seizure of goods without the need for prior judicial authorization.