EU Trademark Registration: Steps, Fees and Protection Explained

 

What Is EU Trademark Registration?

A European Union trademark offers a way to obtain trademark protection throughout the 27 member countries of the European Union through one application. Instead of submitting separate applications in individual EU countries, an applicant can seek broad territorial protection through the EU trademark system.

For businesses considering EU trademark registration, Regimark provides services covering the search, analysis and application process. An application is filed with the European Union Intellectual Property Office (EUIPO), allowing protection to be sought across all 27 EU member countries through one application.

Why Choose an EU Trademark?

A single EU trademark application can provide protection across all 27 EU member countries. This can be a practical option for applicants who want protection in multiple European markets without making separate applications in each member state.

The EU trademark system operates alongside the trademark legislation of individual EU member countries. A successful registration gives the owner exclusive rights connected with the registered trademark and the goods and services specified in the application.

Checking a Trademark Before Applying

Searching for existing trademarks can be an important part of the registration process. Before an application is filed, a search can help assess whether the proposed trademark has a possibility of being registered and whether existing marks could create an obstacle.

A preliminary search examines identical trademarks registered in the EU. It can also include EU national trademarks and international trademarks that designate the EU or its member states. This allows applicants to identify potential issues before proceeding with an application.

A comprehensive search can go further by examining similar trademarks and related goods and services. Depending on the selected service, the search may also provide a detailed report and professional advice concerning the registration prospects of the proposed trademark.

Understanding Absolute Grounds for Refusal

An EU trademark application is examined for absolute grounds for refusal. This forms part of the assessment of whether the proposed mark meets the requirements for registration.

Checking these grounds before filing can help an applicant understand potential registration difficulties. A search and analysis can therefore be useful when deciding whether to proceed with an application or whether further consideration is needed before filing.

Preparing the Application

The application process begins by providing the necessary information about the trademark and answering a number of questions. The application is then prepared and filed with the European Union Intellectual Property Office (EUIPO).

An important part of the application is identifying the goods and services that the trademark will cover. These goods and services are divided into classes. The number of classes included in the application affects the official EUIPO fees payable.

After the application has been submitted, the registration process can involve examination, publication and the possibility of opposition from third parties.

Publication and Possible Opposition

Following examination, the trademark can be published. Publication provides third parties with an opportunity to submit an opposition to the application.

If an opposition is filed, a response may be required. The registration process can therefore involve more than simply submitting the initial application. Depending on the service selected, assistance can include preparing and filing a response to one opposition.

Applicants can also be informed about developments during the registration procedure, including relevant actions and deadlines.

Different Levels of Registration Support

Different service options are available for applicants depending on the level of assistance required.

The Express service is intended for applicants who are confident that their trademark is registrable. It includes an assessment of absolute grounds for refusal and a search for identical trademarks that could represent a definite threat. It does not include a thorough examination of similar trademarks and related goods and services.

The Optimum service provides a comprehensive trademark search and analysis, with a full report available upon request. It does not include preparation and filing of a response to refusals or oppositions.

The Premium service provides wider assistance. It includes a full search, preparation and filing of the application, a response to a refusal based on absolute grounds, a response to one opposition and receipt of the registration certificate.

EUIPO Official Fees

The official EUIPO fee for an application covering one class of goods and services is €850. The second class has a fee of €50, while the third and every additional class costs €150.

These official EUIPO fees are separate from the service fees. The final cost therefore depends on the number of classes included and the service option selected.

Receiving the Registration Certificate

Once the registration process has been successfully completed, a trademark registration certificate is issued. Depending on the selected service, the certificate can be received and forwarded to the applicant.

The registration gives the owner exclusive rights to the trademark for the goods and services covered by the registration. The owner can use, sell or license the trademark and can prevent others from using it for the protected goods and services.

Frequently Asked Questions

1. What does EU trademark registration cover?

An EU trademark registration provides protection across all 27 European Union member countries through a single registration.

2. Why is a trademark search recommended before applying?

A search can help assess the possibility of registration and identify identical or similar trademarks that could potentially create obstacles to the application.

3. What are the official EUIPO fees?

The official fee is €850 for one class. The second class costs €50, while the third and each additional class cost €150.

4. Can a trademark application face opposition?

Yes. Once the trademark is published, third parties can submit oppositions. Depending on the selected service, assistance with responding to one opposition may be available.

5. What happens after successful registration?

After successful completion of the registration process, a registration certificate is issued. The owner receives exclusive rights to use, sell or license the trademark and prevent others from using it for the registered goods and services.