Trademark registration in the EU
Making your brand recognizable is essential to running a successful business and expanding to new markets. But you can only protect your designation from abuse in patricular country if it is registered in accordance with the national legislation. For those who export goods to one or several European countries, it is essential to certify their designation on this territory.
What is brand registration in the European Union?
The process of protecting a designation begins with trademark registration in EU. It is necessary to distinguish the goods and services of one business from identical products of another company. This is a guarantee that your mark will not be used by competitors or third parties without permission.
Our advantages in trade signs safeguard in Europe
This market includes about half a billion consumers, which makes it desirable for most entrepreneurs. The EU trademark register includes approximately 1.5 million brands. Fintech Harbor provides legal services to obtain protection and thereby contributes to trade success, increasing your enterprise’s value and consumer loyalty. With the appropriate enrollment, the recognizable brand becomes protected from misuse.
How do we register a European Union trademark?
Any natural or legal person, as well as a group of persons, can apply for registration of a trademark in the EU. Applicants who are non-residents of the European Union must be represented before the Office by registered patent attorneys.
An application submitted to the EU Office (European trade mark register) is checked for compliance with formal requirements, for the absence of absolute grounds for refusing registration, and, at the request of the applicant, a search is carried out on the trademark for identity and similarity with previously registered TM in the EU and submitted applications.
If the application successfully passed this stage, then it is published in the official bulletin, after which, within 3 months, any interested person can file an objection to the registration of the claimed trademark with the Office.
If no objections were filed against the application, or they were successfully overcome, the registration takes place, the trademark is published in the official bulletin and the certificate is issued (in electronic form).
The certificate will be valid in all member states.
We would like to express our gratitude to the Fintecharbor specialists for their assistance in the long-awaited EU trademark registration. We are pleased with the collaboration, the defense of our brand, and the entry into a new market!
On behalf of the company’s management, we would like to thank you for the professionalism, high quality, and prompt enrollment of our new brand in the EU land. We were satisfied with the cooperation.
European trademark registration is carried out with the help of the Office for Harmonization in the Internal Market of the EU (OHIM) based in Alicante, Spain. The agency is responsible for all trade signs recorded in the European Union and represents the exclusive right to the uniqueness of the brand to the owner, protects against unauthorized use, and prevents illegal placement on packages or goods of third parties.
To register a new brand, you need to submit an eu trademark application. The official protection will be valid for 10 years in all countries of the community. After that, It is possible to extend this period for another decade an unlimited number of times.
EU brand registration includes various elements: verbal, figurative, shaped mark (image), positional (displays a specific way of placing or attaching a brand label), template, colors), sound, moving, multimedia, holographic mark, three-dimensional signs, three-dimensional signs with the inclusion of verbal elements, signature, name, number, portrait. But you cannot register a mark that will describe goods or services (i.e., bread, bag, table).
To get listed in the european brand registry, you must submit a request for enrollment of a brand in English (a second language must be indicated – one of the official languages of the European Union), supply a presentation, indicate the title, address, citizenship of the applicant, signature, submit goods/services listed by international class.
Yes, it can be annulled based on an application from an interested person if it is not employed within the first 5 years after signup. Revocations can be suspended if there are compelling reasons for non-use or if their brand is used in any EU country. Brand owners often lose cases in the courts because they cannot show proof of their trademark usage. The European Union Trade Mark (EUTM) is valid in all EU countries without exception for 10 years period.
The owner of the intellectual property or invention (person or organization who designed a brand) has certain rights even before registration. However, it should be remembered that if the company did not manage to certify its merchandise name, the real copyright holder who has done it earlier may appear. This could lead to a court claim for compensation and a requirement to change the name.