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THE EU TRADEMARK APPLICATION

With one single filing the EU trademark application provides a trademark protection which extents to all 28 member states of the European Union. Applicants from outside of the European Union are obliged to retain a legal representative in order to file a EU trademark applicaion. This supranational filing system saves both time and money. It is the most cost-effective way to protect your trademark in Europe.

European Trademark – protection in 28 States

The Trademark protection: A Community Trademark (CTM) provides trademark protection in all 28 member states of the European Union in one single unitary trademark. The term of registration will be 10 years from the date the application was filed with the Office for Harmonization in the Internal Market (OHIM). Currently this includes a trademark protection in the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Romania, Spain, Sweden, Slowakia, Slowenia, United Kingdom and Cyprus.

COSTS OF THE EU TRADEMARK APPLICATION

The EU trademark application saves the costs of retaining local counsel in each individual European country and the official filing fee of the individual trademark office. The fee for filing a trademark with the Office for Harmonization of the Internal Market (OHIM) is 900 EUR (approximately $1,000 depending on the current exchange rate). This is about $36 per country. Given that the fee of each of the national trademark offices is usually around 300 EUR ($340), the EU trademark application is a cost-effective alternative to both an International Trademark application or national trademark application.

Our attorney fee for filing an EUtrademark application is $300. Alternatively, our firm offers a flat fee of $490 which includes a comprehensive trademark search in all 28 member states and the filing of the EU trademark application.

EU TRADEMARK FILING PROCESS

The EU trademark is an “all or nothing” system. It is either registered for all countries or for none. You cannot pick and choose among the EU member states in which you want to register. If it is refused by the OHIM during examination, it is refused in its entirety, even though it may only be objectinable in one language of the Community. If it is opposed based on a national trademark (German, French, Italian or Spanish etc.), then the entire trademark is lost if the opposition is lost.

Applicants need not own a US or other national trademark application or registration in order to file for an EU trademark application.

EXAMINATION BY THE OHIM

EU trademark applications are examined by the Office only in regard to form and inherent registrability. The examination does not include a trademark search for earlier and confusingly similar trademarks. Trademarks are not refused based on earlier trademarks as for example in the USA.

Our service includes the thorough examination of your trademark prior to filing of your trademark. We will be able to consult you whether your trademark will successfully pass the examination of the OHIM.

OPPOSITION BY THIRD PARTIES

If the EU trademark application has been examined and been found eligible for registration, it is published for opposition. The date of publication starts the three months opposition period. During this period third parties who own an earlier national trademark registered in one EU member state, EU trademark registration or an International Registration may file an opposition against the EU trademark application.

Upon filing of a notice of opposition the Opposition Devision will commence opposition proceedings. Compared to USPTO opposition proceedings OHIM opposition proceedings are inexpensive summary proceedings. The opposition proceeding provides for a two months cooling-off period during which the parties may seek an amicable settlement of the matter. In order to avoid a potential conflict with the owner of a prior trademark, it is recommended to undertake a trademark search before filing the trademark.

Where the opposition against a national trademark is lost, you may file for a conversion of your EU trademark application. A conversion converts your trademark into national trademark applications. For example, if an opposition has been filed based on an Austrian trademark and the proceedings are lost, you can file for a conversion onto Germany, UK, Benelux, France and Spain.

If no opposition is filed against your trademark, the EU trademark is registered. An EU trademark expires 10 years after the date of filing. It can then be renewed for another 10 year period.

One Trademark – Wide Protection

  • The European Trademark protects your sign in all 28 countries, even though you don’t have to use it in all of the countries. In fact use of the trademark in only one country is sufficient.
  • The European Union encompasses a market of almost 500 million consumers.
  • By applying for European Trademark protection the Official fees amount to $38 per country.

 

European Trademark

European Trademark Details

Attorney Filing Fee $300
Official Fees (Trademark Office) 900€
Trademark Classes Included 3
Additional Class 150€
Registration Process approx. 6 months

 

Attorney Filing Fee $300

Professional Fees, does not include Official Fees

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European Trademark Application $300

Consultation, Examination of your trademark, trademark search, secure electronic filing:

Our service includes:

  • Attorney Consultation & Opinion. We will advise & consult you concerning your EU trademark application, including a trademark strategy.
  • Trademark Search for identical trademarks in the Registers of IPO, OHIM and WIPO
  • Application filed by an Attorney. We file your EU trademark application with the Office for Harmonization of the Internal Market (OHIM).
  • Preparation and Filing of a Community Trademark Application.
  • Supervision of the application progress.
  • Correspondence with the OHIM.
  • Response to non-substantial Office Actions. Does not include refusal based on absolute grounds, or if your trademark is opposed by third parties.

European Trademark Application $490

Consultation, Examination of your trademark, Extensive trademark search, secure electronic filing:

Our service includes:

  • Attorney Consultation & Opinion. We will advise & consult you concerning your EU trademark application, including a trademark strategy.
  • 28 Country Register Trademark Search We search the databases of the (WIPO) International Register, the (OHIM) EU Trademark Register and the national Registries of the 28 member states for identical trademarks. All results are analysed by an attorney and a search report is prepared.
  • Trademark Clearance Search for similar trademarks in the Registers of IPO, OHIM and WIPO
  • Application filed by an Attorney We file your trademark with the Office for Harmonization of the Internal Market (OHIM)
  • Preparation and Filing of a Community Trademark Application;
  • Supervision of the application progress;
  • Correspondence with the OHIM;
  • Response to non-substantial Office ActionsDoes not include refusal based on absolute grounds, or if your trademark is opposed by third parties;

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