What is a European Union Trademark? European Union Trademark Review

Introduction to EU Trademark

EU trademarks run in parallel with domestic trademarks in EU countries and do not conflict with each other. However, trademarks that have been registered or applied for registration in EU countries constitute prior rights to oppose EU trademark registration, and vice versa.

Signs that can be registered as EU trademarks include words, graphics, three-dimensional signs, colors, and sounds, but they must be distinctive (able to be distinguished from other products and services), can be clearly and objectively represented, and must not conflict with prior rights. Purely descriptive signs, that is, signs that only describe the characteristics of a product or service, cannot be registered as EU trademarks.

EUIPO divides trademarks into individual marks, collective marks and certification marks. Individual trademarks are actually ordinary trademarks, and both natural persons and organizations can apply for registration. Collective marks and certification marks are no different from those in my country.

The owner of a registered EU trademark enjoys the exclusive right to use the trademark in all current and future EU member states.

EU Trademark Registration Routes

1. Apply for registration directly to EUIPO;

2. Submit an application for international trademark registration and designate the European Union as the effective region.

EUIPO recognizes 6 months of international priority. If you apply for the same trademark registration again in the EU within 6 months after the first application for trademark registration in China, you can enjoy priority. If you apply for trademark registration within 6 months after the first exhibition of the product at an international exhibition officially held or recognized by the EU, you can also claim exhibition priority.

EU Trademark Registration Procedure

1. Submit your application

Applying directly to EUIPO is divided into online application and paper application. The online application fee is lower (official fee is 850 euros) and only one language is required. EUIPO also has a fast application channel, which can speed up the EUIPO review process and publish the registration application as soon as possible.

2. Review

After receiving the application, EUIPO will conduct an examination and notify the applicant to make corrections within 2 months if any problems are found. If the corrections are not made within the prescribed time, EUIPO will reject the application or claim in whole or in part.

If you are dissatisfied with the decision of EUIPO, you can appeal to the Appeal Committee within EUIPO. If you are dissatisfied with the decision of the Appeal Committee, you can appeal to the General Court of the European Union. The judgment of the General Court of the European Union can also be appealed to the Court of Justice of the European Union.

However, EUIPO does not proactively examine whether there are prior rights when examining trademark registration applications. Prior rights holders can protect their rights through procedures such as objections and requests for invalidation.

3. Public application and objection

If there are no problems with the EUIPO review, the registration application will be published in the EUTM Bulletin.

Anyone who believes that the trademark applied for registration infringes their prior rights can file an opposition within 3 months after the application is published. EUIPO will organize the procedures for both parties and make a final decision. If you are dissatisfied with the final decision of EUIPO, you can appeal according to the above steps. Anyone who believes that the trademark applied for registration does not meet the conditions for trademark registration can make observations to EUIPO. There is no fee for making observations. EUIPO will inform the applicant and consider it.

4. Registration and Publicity

If no one raises an objection or opinion within the specified time, or the objection or opinion is not valid, EUIPO will register it, publish it in the EU Trademark Gazette and issue an electronic registration certificate.

EU trademarks must be put into use within 5 years after registration, otherwise anyone can file an application for non-use cancellation. Anyone can also apply to EUIPO to cancel a registered trademark or declare it invalid. If you are dissatisfied with the final decision of EUIPO, you can also appeal according to the above steps. If a EU registered trademark is transferred or licensed to others, it should be recorded in EUIPO.

Registration Time

The receipt time for EU trademark registration is about 1 week, the examination time is 3 months (no objection, rejection, etc.), the certification time is 4-6 months, and the trademark is valid for 10 years.

EU Trademark Validity Period

A registered EU trademark is valid for 10 years and can be renewed indefinitely.

References

• 1. EU Trademark: Intellectual Property Guide [cited on 2019-02-22]