THE EU TRADEMARK APPLICATION

European Trademark – protection in 27 States

The Trademark protection: An EU Trademark (EUTM) provides trademark protection in all 27 member states of the European Union in one single unitary trademark. For the United Kingdom you will need to file separate protection (see EU trademark Brexit update). The term of registration will be 10 years from the date the application was filed with the European Union Intellectual Property Office (EUIPO). 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, 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 European Union Intellectual Trademark Office (EUIPO) is 850 EUR (approximately $950 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. The costs of the second class is 50 EUR and every additional class costs 150 EUR.

Our attorney fee for filing an EU trademark application is $300. Alternatively, our firm offers a flat fee of $790 which includes a comprehensive trademark search in all 27 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 EUIPO during examination, it is refused in its entirety, even though it may only be objectinable in one language of the Union. If it is opposed based on a national trademark (e.g. German, French, Italian or Spanish etc.), then the entire trademark is lost if the opposition is lost, however, you may opt to convert the EU trademark into national trademark applications (so called “conversion”).

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 EUIPO

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 EUIPO 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 e.g. Germany, Italy, 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

European Trademark Application $300

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

Our service includes: