European Union
European Union Trademark Registration Process
Overview
Businesses operating in the European Union can apply for EU trademark (EUTM) registration to ensure that the sign is protected across all 28 EU Member States. The body which processes applications for EU trademarks is the European Union Intellectual Property Office (EUIPO).
01. INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a trademark search for your proposed mark to give you an idea of how registrable your mark is in the country you’d like to file.
Free Trademark Search :
- Source: A free trademark search can be performed using publicly available resources and third-party trademark databases or search engines. These searches are typically conducted using online tools that are not directly affiliated with the EUIPO.
- Source: Free trademark searches may provide you with limited information and results, often based on the databases and sources accessible to the search tool. They might not include the most up-to-date or comprehensive data on trademark registrations.
Official Trademark Search :
- Source: An official trademark search is conducted directly through the EUIPO's official website, utilizing their database of registered European Union trademarks. It accesses the authoritative and up-to-date information provided by the EUIPO.
- Source: An official trademark search through EUIPO offers a more comprehensive and reliable examination of trademark registrations within the European Union. It includes the latest and most accurate data on trademarks, ensuring that you have a complete understanding of existing registrations and potential conflicts.
02. PREPARING YOUR APPLICATION
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know :
- Name of the Mark/ Logo/ Device prints or Visual Representation - Name of the Applicant - Address and Nationality of the Applicant - Status of the Applicant i.e. Merchandisers/ Manufacturers/ Service Providers - Specification of Goods/ Services and Class - User date of the mark (whether the mark is in use or proposed to be used in EU
03. FILING YOUR APPLICATION
- The application procedure comes in two modes: regular, which takes about six months, and fast track, which takes about four months.
- Next your application will be filed with the European Union Intellectual Property Office (EUIPO) and we will drop you an email confirmation of the filing.
- You will receive a trademark application number, You can chek the status of your application anytime on the website with this application serial number.
- Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04. EXAMINATION
After receiving the application, EUIPO experts will check whether the mark can be registered. If the application meets the formal requirements it is published by EUIPO. However, if any formal defects are found, EUIPO will notify the applicant of that fact and grant a period of maximum two months* to redress them. If the application is complete and correct, or if the applicant redresses the formal defects, the application will be published. This opens the so-called opposition period.
*If the European Union Intellectual Property Office (EUIPO) identifies formal issues in a trademark application, they will notify the applicant and provide a two-month window for the applicant to rectify these problems before making a final decision on the application. This two-month extension offers the applicant an opportunity to address errors or deficiencies in their application, ensuring it aligns with the required criteria for registration. Not addressing these issues within the stipulated timeframe could result in the rejection of the application.
05. OPPOSITION OF THE MARK
Any entities which do not agree to the registration of the mark are given three months to file an opposition. EUIPO resolves disputes resulting from oppositions on the basis of the evidence and arguments submitted by both parties, i.e. the applicant and the opponent.
