Guide to European Union (EU) trademark registration in 2023. Explaining the EU trademark registration process, requirements and options. Contact EU LAW FIRM to register your EU trademark.
EU Trademark Registration: 2023 Updates
A European Union trade mark grants you exclusive rights in all current and future. Member States through a single registration, filed online. It is valid for 10 years and can be renewed indefinitely, for subsequent periods of 10 years.
Before the application procedure, it is important to mention the SME Fund, which offers financial support to small and medium-sized enterprises established in the European Union, they can apply for funding and be reimbursed 75% of the costs.
This process may delay your trade mark application by approximately 3 to 4 weeks. If you decide to apply for the SME Fund these are the steps to take:
- Apply for the SME Fund
- Wait to receive confirmation and your voucher
- Then apply for your trade mark
- Request reimbursement of the cost (reimbursement from the EUIPO will be sent within 1 month).
For the registration we have to go through 2 essential questions:
What are you going to sell?
The list of goods or services covered by the trade mark cannot be added to or amended after application, so it is important to think carefully when registering.
Is your trade mark available?
Before applying for or using a trademark, you should check whether there are any pre-existing rights with which it may conflict. For example, identical or similar trademarks, geographical indications, etc.
The main rules:
A trade mark should not consist exclusively of a word, phrase, abbreviation or logo that simply describes the goods and/or services that the applicant offers.
A trade mark must be distinctive in relation to the goods or services. This means that it is seen immediately as something that the consumer will use to identify that the goods or services come from a specific provider.
If all the necessary points for registration have been agreed and submitted to the EUIPO by our office, the following periods are:
1. Examination period
When we have filed your European Union trade mark application, the EUIPO process it to check that it can first be published and later, if nothing prevents it, registered.
2. Opposition period
When your trade mark application is published, the 3‑month opposition period starts. During this period, anyone who has an earlier right which they consider to be in conflict with your trade mark application may oppose its registration.
If your application is published and nobody files an opposition (or the opposition is rejected), your trade mark will be registered and the registration will be published.
If your trade mark application is rejected, you can file an appeal.
Types of trademarks
COLLECTIVE MARK – a mark that may be used to differentiate the goods or services of members of the association that owns the mark from those of other businesses. Applicants for collective marks might be associations of manufacturers, producers, service providers, or merchants, as well as legal entities controlled by public law.
CERTIFICATION MARK – a symbol that may be used to differentiate goods or services that have been certified by the mark’s owner. Any natural or legal person may apply for certification marks as long as they are not in the business of supplying products or services of the kind certified.
Documents necessary for trademark registration
· Trademark application form: This form should include the applicant’s details, a clear representation of the trademark, and a list of the goods or services for which the trademark will be used.
· Power of attorney: If the application is filed by an agent or representative, a power of attorney document must be submitted.
· Priority document: If the applicant claims priority from a previously filed application, a priority document must be submitted.
· Proof of use: Proof of use is not mandatory for trademark registration in the EU. However, if the trademark has been used in the EU before the application date, proof of use can be submitted to strengthen the trademark’s distinctiveness.
· Payment of fees: Appropriate fees must be paid at the time of filing the trademark application.
Our team of professional EU trademark lawyers will be able to guide you through all trademark registration process, and advise on the best possible solution for your trademark's protection.