What marks cannot be registered as EU trademarks?

Although some marks meet the definition of a trademark, they cannot be registered as an EU trademark if there is an absolute ground for refusal, i.e. if this mark:

does not possess any distinctive features;

refers specifically to the type, quality, quantity, use, value, place of origin, date of production or provision of services, and other characteristics of goods or services;

has become a common practice in the current language or in existing and prevailing business practice;

is contrary to public policy or widely accepted moral principles;

is of a nature to deceive the public, such as a misrepresentation of the nature, quality or origin of goods or services;

There are absolute grounds for rejection of the shape of the product, the origin of the alcoholic beverage or certain official symbols.

Some trademarks can be distinctively through use.

an earlier EU trademark or application;

Earlier trademark registration or registration application in a single EU member state;

an international registration based on the Madrid Agreement or the Madrid Agreement in force in a Member State of the European Union;

for **, unregistered trademarks or other signs valid in more than one Member State;

A well-known trademark in a member state (according to Article 6 of the Paris Convention).

An application for EU trademark registration will be rejected if the applied trademark is identical or similar to an earlier trademark and is used on the same or similar goods; If the applied trademark is identical or similar to an earlier EU trademark and is used on the same or similar goods, there is a possibility that some of the public may be confused, including the possibility that the earlier trademark can be linked, the EU trademark registration application will be rejected; If the applied trademark is identical or similar to an earlier EU trademark but the goods used are different, the EU trademark registration application will be rejected if the earlier trademark has a certain reputation and its distinctiveness or reputation will be subject to unfair competition and damage.

It should be noted that if the refusal factor exists in any EU part or country, then the EU trademark will not be registered as a whole. For example:

If there is only one member state where the same mark is used for the same goods or services, the mark will be rejected due to opposition from the owner of the earlier mark.

These opposition grounds also serve as grounds for invalidation of an EU trademark after it has been granted registration.

An EU trademark may include any indication that can be represented by a diagram, in particular words, including a person's name, a pattern, letters, numerals, the shape of the goods or the appearance of their packaging, as long as they are capable of distinguishing one use of goods or services from other kinds of uses.

EU trademarks are classified according to the Nice Classification Scheme, which includes the following:

Category 1: Chemicals, resins.

The second category: lacquer, coloring metal powder.

Category III: cosmetics, detergents.

Category 4: Fuels, lighting materials.

Category 5: medical preparations, baby food.

Category VI: Metallic materials.

Category VII: Machines, machine tools, engines.

Category 8: Hand instruments, knives and tableware.

Category 9: electronic appliances, computers.

Category 10: Surgical equipment, fitness equipment.

Category 11: Lighting and sanitary equipment installations.

Category 12: Land, sea and air launch vehicles.

Category 13: Firearms and munitions.

Category 14: Jewelry, watches.

Class 15: Musical Instruments.

Category 16: Paper products, office supplies.

Category 17: rubber, insulating materials.

Category 18: leather goods, bags, umbrellas.

Class 19: Non-metallic building materials.

Category 20: Furniture.

Category 21: Household utensils and containers.

Class 22: Fiber products.

Category 23: Textile yarn and thread.

Category 24: Fabrics and textiles.

Class 25: clothing, shoes, hats.

Category 26: lace, embroidery, buttons.

Category 27: carpets and mats.

Category 28: Entertainment and toys.

Class 29: meat, fish, edible oil.

Category 30: coffee, tea, honey.

Category 31: fresh food, live animals, feed.

Class 32: Beer, beverages.

Category 33: white wine, red wine, foreign wine.

Class 34: Tobacco, smoking utensils, matches.

Category 35: Industrial operations and stores.

Category 36: Insurance, Finance.

Category 37: Construction and installation services.

Class XXXVIII: Telecommunications.

Category 39: transportation, travel agencies.

Category 40: Material processing services.

Category 41: Education, Training, Recreation.

Category 42: Science and technology, Internet.

Category 43: Catering and accommodation.

Category 44: medical treatment, cosmetology, gardening.

Category 45: bodyguards, matchmaking, law.

Word-only trademarks, ** trademarks.

Although some marks meet the definition of a trademark, they cannot be registered as an EU trademark if there is an absolute ground for refusal, i.e. if the mark:

does not possess any distinctive features;

1) Refers specifically to the type, quality, quantity, use, value, place of origin, date of production or provision of services of goods or services, and other characteristics of goods or services;

2) has become a common practice in existing language or business practice;

3) is contrary to public policy or widely accepted moral principles;

4) Gugamu has the property of deceiving the public, such as misrepresenting the nature, quality, or origin of goods or services.

Although some marks meet the definition of a trademark, they cannot be registered as an EU trademark if there is an absolute ground for refusal, i.e. if this mark:

does not possess any distinctive features;

1) Refers specifically to the type, quality, quantity, use, value, place of origin, date of production or date of provision of goods or services, and other characteristics of goods or services;

2) has become a common practice in existing language or business practice;

3) is contrary to public policy or widely accepted moral principles;

4) It has the nature of deceiving the public and missing the public, such as false descriptions of the quality, quality or origin of goods or services;

An EU trademark may include any mark that can be represented by a diagram, in particular words, including the name of a person, a design, a letter, a numeric seller, the shape of the goods or the appearance of their packaging, provided that they are capable of distinguishing one use of goods or services from other kinds of uses.

Although some marks meet the definition of a trademark, they cannot be registered as an EU trademark if there is an absolute ground for refusal, i.e. if this mark:

does not possess any distinctive features;

1) Refers specifically to the type, quality, quantity, use, value, place of origin, date of production or date of provision of goods or services, and other characteristics of goods or services;

2) has become a common practice in existing language or business practice;

3) is contrary to public policy or widely accepted moral principles;

4) is of a nature to deceive the public, such as misrepresentation of the nature, quality or origin of goods or services;

The following circumstances may not be granted for the registration of a trademark in the EU:

1. It does not possess any distinctive features;

2. Refers specifically to the type, quality, quantity, use, value, place of origin, date of production or date of provision of services, and other characteristics of goods or services;

3. It has become a common practice in the current language or in the existing and common practice of business;

4. Contrary to public policy or widely accepted moral principles;

5. It has the nature of deceiving the public, such as a false description of the nature, quality or origin of goods or services;

6. There are absolute reasons for rejection of the shape of the product, the origin of the alcoholic beverage or some official symbols;

7. Some trademarks can be distinctively through use.

Application and registration of trademarks in the European Union:

1. The Office for Harmonization in the Internal Market of the European Community, i.e. the "Office of Internal Coordination" located in Alicente, Spain, is responsible for receiving and examining applications for trademark registration of the European Community.

2. Documents required for application:

1) The application shall include the name and address of the applicant, nationality, and the goods or services used by the trademark;

2) 10 copies of trademark drawings;

3) **Power of attorney signed by the applicant (if commissioned** submitted).

3. The goods or services should use the generic standard name.

4. The official languages are English, Spanish, German, French and Italian.

5. The application may be made in any official language, but the second language must be specified at the same time.

6. The trademark application of the European Community can be submitted directly to the Office of the Internal Coordination Department, or it can be submitted to the trademark office of the member state of the European Community, which will forward it to the Office of the Internal Cooperation.

7. If a priority application is made under the Paris Convention, the EC application must be filed within 6 months from the date of the first filing.

8. When examining an application for a trademark application in the European Community, the Office of Internal Assistance only examines its registrability (i.e., distinctiveness), also known as absolute grounds, and does not examine relative grounds, that is, it will not cite prior rights to reject the application.

9. The Office of Internal Cooperation conducts a search and issues a search report on the previously registered or applied trademarks of the European Community, and at the same time, the trademark offices of other EU member states except France, Germany and Italy will conduct a search and issue a search report. The applicant will receive the above-mentioned search report before the trademark is approved for publication and decide whether to arrange for the trademark publication.

10. Within 3 months from the date of publication, if no objection is raised or the objection is not established, the EC trademark will be registered.

How to handle the EU trademark registration application, now with the development of the global economic wave, the overseas market is an unprecedented challenge for Chinese enterprises, but also a huge market, the window of the world has been opened to us, the market is changing internationally, in order to expand the international market, international trademark registration applications are becoming more and more popular and common, so how to handle the EU trademark registration application?

How to apply for EU trademark registration?

1. Submit an application for EU trademark registration.

**Filing an application for trademark registration in the EU is less expensive and requires only one language. In addition, the EUIPO also has a fast-track filing channel, which can speed up the examination process of the EUIPO and publish the EU trademark registration application as soon as possible.

2. The European Union Intellectual Property Office examines the marking.

Once the EUIPO has received the application, the EUIPO will proceed with the examination process and, if a problem is found, notify the applicant of the trademark to make the amendment within 2 months. If the amendment is not made within the prescribed time, the EUIPO will reject the application or claim in whole or in part.

3. EU trademark disclosure opposition period.

If the EUIPO examines the mark application and finds that there are relevant problems, the EUIPO publishes the trademark registration application in the EU Trademark Gazette, so that it enters the public opposition period of the EU trademark application, which lasts for 3 months, and any third party can file an EU trademark opposition within three months.

4. EU trademark registration and disclosure.

If the EU does not receive any objections or comments within the prescribed period of three months, or if the objections or opinions are not sustained, the EUIP Office will register the trademark application and publish the EU trademark electronic registration certificate in the EU Trademark Gazette. Within 5 years after the registration of a trademark in the EU, the right holder must use it, otherwise anyone has the right to apply for cancellation of registration of the trademark for non-use.

registered word marks or designs;

registration of classes and classes;

Authorized Registration**;

A scanned copy of the registrant's ID card or business license.

When it comes to trademarks, we need to have the name of the trademark application, then your ID card, and then there is an approval slip.

The process of registering a trademark in the European Union:

1. Entrust**: Provide the pattern and category of the registered trademark, and conduct a preliminary trademark search for half a working day.

2. Fill in the application form for trademark registration, submit the official drawings of the trademark registration and the information of the trademark applicant;

3. Submit an application.

4. Review. Upon receipt of the application, the EUIPO will review the application and notify the applicant to make corrections within 2 months if any problems are found. If the application or claim is not corrected within the time specified in the EUIPO, the application or claim will be rejected in whole or in part.

The EUIPO does not take the initiative to examine whether there is a prior right when examining the trademark registration application, and the prior right holder can protect its rights by filing an opposition or requesting invalidation during the announcement stage.

5. Disclosure of applications and objections.

If there is no problem with the result of the EUIPO examination, the application for registration will be published in the EU Trademark Gazette.

Any person who believes that the trademark applied for registration infringes his or her prior rights can file an opposition within 3 months after the publication of the application for 1 month, and the EUIPO will organize the proceedings between the parties and make a final decision. Those who are not satisfied with the final decision of the EUIPO may appeal. Any person who believes that the trademark applied for registration does not meet the conditions for trademark registration can submit comments to the EUIPO, which is free of charge, and the EUIPO will inform the applicant and consider it.

6. Registration and disclosure.

If no objection or opinion is filed within the specified time, or if the objection or opinion is not substantiated, the EUIPO will be registered, published in the EU Trade Mark Gazette and issued with an electronic registration certificate.

The EU trademark must be put into use within 5 years after its registration, otherwise anyone can file an application for cancellation of the registration of non-use. Any person can also apply to the EUIPO for cancellation of a registered trademark or invalidation of a registered trademark. If you are not satisfied with the final decision of the EUIPO, you can also appeal by following the steps in the previous paragraph.

If a registered trademark in the EU is transferred or licensed to another person, it shall be filed in the EUIPO.

The above is the EU trademark registration process, if you still have any questions, you can continue to consult me, looking forward to your adoption