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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.
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An EU trademark is a mark registered by OHIM (Office for Harmonization in the Internal Market of the European Community) in accordance with the conditions set out in the CTMR (European Community Trade Mark Regulation) and valid within the European Union for the purpose of identifying and distinguishing goods or services.
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Hello, the EU trademark registration is to be applied for registration through the Office for Harmonization in the Internal Market under the European Union, and there are 26 member states in the European Union, and after the successful registration in one member state, it will be legally protected in other member states.
1. The applicant submits an application to the European Union Trademark Office or the trademark office of the EU member state;
2. The European Union Trademark Office notifies the trademark authorities of each member state of the contents of the application, so that the trademark examination of each country can be carried out at the same time;
3. After the review is passed, it will enter the announcement for three months. During these three months, any third party may file an opposition to the published trademark;
4. If there is no opposition from a third party, the trademark can be approved for registration within one year;
5. The application period for registration is about 8-12 months.
Information required to register an EU trademark:
1. Applicant's certificate information;
2. Trademark drawings;
3. Goods or services designated by the trademark;
4. Power of attorney for trademarks;
5. Application for EU trademark registration requirements;
6. Relevant application fees.
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Hello, an EU trademark is a mark registered by OHIM (Office for Harmonization in the Internal Market of the European Community) in accordance with the conditions set out in the Baictmr (European Union Trade Mark Regulation) and valid within the scope of the European DAO for the identification and differentiation of goods or services. The EU Trademark Regulation, adopted on March 23, 2016, changed OHIM to EUIPO, officially known as the European Union Intellectual Property Office, and administers EU trademarks and design patents, with the Community Trademark (CTM) officially changed to the European Union Trade Mark (EUTM).
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1. Low cost. With a single application for registration, the trademark can be used in the entire 28 member states of the European Union. Significant reduction in fees compared to filing separate applications in individual Member States;
2. Centralization of protection procedures. A trademark registration can be protected in the 28 member states of the European Union, and the decision in the trademark case will be enforced in all the countries of the European Union;
3. A registered trademark can only be used in one EU country. The use of the trademark in any country of the European Union is sufficient to combat an application for cancellation on the ground of non-use of the trademark;
4. Enjoy the priority of the Paris Convention. If the same trademark is used for one or more designated names of goods or services, it can enjoy priority when applying for a Community trademark six months after the application in a member state of the Paris Convention;
5. If a registered trademark has been published in an EU member state, priority can be requested when applying for an EU trademark;
6. Not only traditional trademarks such as words and logos can be registered, but also new trademarks such as sound, smell, product appearance and structure can also be registered;
7. A trademark application can cover up to 3 classes of goods or services, and if there are more than 3 classes, each class fee shall be additional.
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1.Low cost. With a single application for registration, the trademark can be used in the entire 27 member states of the European Union. Significant reduction in fees compared to filing separate applications in individual Member States;
2.If the same trademark is used for one or more designated names of goods or services, it can enjoy priority when applying for a Community trademark six months after the application in a member state of the Paris Convention;
3.If you have already registered a trademark in an EU member state, you can claim priority when applying for an EU trademark.
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What are the characteristics of an EU trademark? Did you know? 1. The registration fee is relatively low, and only one application needs to be submitted during the registration process to use the trademark in all member states of the European Union, including the countries that subsequently join the European Union, which is significantly reduced compared with the filing of trademark registration fees in each member state alone.
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1. Low cost: only need to apply for registration once, and you can use the trademark in the 28 member countries of the European Union. Significant reduction in fees compared to filing separate applications in individual Member States;
2. Centralization of protection procedures: A trademark registration can be protected by the 27 member states of the European Union, and the rulings on trademark cases will be enforced in all countries of the European Union;
3. Any natural person and legal person can apply for a registered trademark: a trademark application can cover up to 3 classes of goods or services, and if there are more than 3 classes, each category of fees must be increased by the applicant's subject qualification, for foreigners, the country of origin is a national of a member of the Paris Convention or the World ** Organization, or a natural person with a domicile in a member state of the European Union or a member state of the Paris Convention or a legal person with a real place of business, or a national of the country whose country of origin has a reciprocal agreement with the European Union, can apply for a registered trademark.
4. A registered trademark can be used in only one EU country: the use of a trademark in any EU country is sufficient to resist an application for cancellation on the grounds of non-use of the trademark;
5. Enjoy the priority of the Paris Convention: the same trademark used for one or more designated goods or services can enjoy the priority within 6 months after the application of the Paris Convention member states;
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Low cost Centralization of protection procedures Registered trademarks can only be used in one EU country Enjoy the priority of the Paris Convention A trademark application may cover up to 3 classes of goods or services, and if there are more than 3 classes, an additional fee will be charged for each class.
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The main features of the EU trademark are as follows:
Covering many countries:
The applicant can obtain protection for the mark in the 26 member states of the European Union by filing a single application, eliminating the need to specify the countries in which protection is desired.
Low cost: The cost of the EU trademark application is low, valid for 10 years after the application is successful, and it can be used in multiple member states, which is a great advantage over filing separate applications in each member state.
Fast application:
The European Union Trademark Office has a procedure called "Fast Track" that allows the application to be checked very quickly, usually in less than a week. There are a few simple requirements to fast-track.
Paris Convention priority:
If the same trademark is used for one or more designated names of goods or services, it can enjoy priority when applying for a Community trademark six months after the application in a member state of the Paris Convention;
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1. There is no restriction on applicants. Applicants for EU trademarks are not limited to nationals of EU member states, but also nationals of other member states such as the Paris Convention and the World Intellectual Property Organization (WIPO).
2. Low cost. With a single registration, the registered trademark can be used in the entire 28 member states of the European Union. Significant reduction in fees compared to filing separate applications in individual Member States;
3. The registered trademark maintains its overall effect in the EU member states, and the applicant can obtain the protection of the trademark in the 28 EU member states by submitting a single application, and there is no need to specify the countries that wish to be protected; The use of a Community mark in any member state would be considered to be use in all member states, and even if the mark was used only in one country, there would be no danger of cancellation because the mark had not been used in other countries; The assignment, alteration or renewal of a Community trademark will take effect in all Member States.
4. Community registration is the principle of double protection, community registered trademarks do not replace national registered trademarks, and national registered trademarks continue to exist like international registered trademarks.
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Hello, the characteristics of the EU trademark are as follows:
1. EU trademark law belongs to the civil law system, and registration is based on the principle of first-to-file.
2. The types of trademark registration include commodity trademarks, service trademarks, collective trademarks, three-dimensional trademarks, color trademarks, audio trademarks, and smell trademarks.
3. The International Classification of Goods and Services for Trademark Registration shall be adopted for trademark registration.
4. The EU acceded to the Madrid Protocol on October 1, 2004 and is a purely agreed member state.
5. Only one application needs to be filed with the European Union Intellectual Property Office to protect 28 member states at the same time, the list is as follows (the EU includes France, Germany, Italy, Belgium, the Netherlands, Luxembourg, Denmark, Ireland, the United Kingdom, Greece, Spain, Portugal, Austria, Finland, Sweden, Cyprus, Hungary, Poland, the Czech Republic, Malta, the Slovak Republic, Latvia, Estonia, Lithuania, Slovenia, Bulgaria, Romania, Croatia 28 member states).
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There are three types of trademark licenses. 1. Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee for use within the agreed period, region and in the agreed manner, and the trademark registrant shall not use the registered trademark according to the agreement. 2. Exclusive use license means that the trademark registrant licenses the registered trademark to only one licensee for use within the agreed period, region and in the agreed manner, and the trademark registrant may use the registered trademark according to the agreement but shall not separately license others to use the registered trademark.
3. Ordinary use license means that the trademark registrant licenses others to use its registered trademark within an agreed period, region and in an agreed manner, and can use the registered trademark by itself and license other parties to use its registered trademark. Welcome to log in to the trademark license library of Kangxin IP platform and select Note....
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1.The registration fee is low, and it only needs to be registered once and can be used between EU member states.
2.A trademark can be used between member states and can be enforced in all countries in the event of an infringement dispute.
3.Paris Convention priority:A trademark can be used for one or more goodsA trademark registered in an EU member state has priority when applying for an EU trademark.
5.A trademark can contain three goods or services, and if there are more than three, there is an additional fee for each additional one.
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1. Import and export**:
The EU's position as the world's largest group of capital-exporting countries and a group of countries exporting goods and services, coupled with the EU's relatively generous foreign policy on technology and development cooperation, is crucial for the economic development of the rest of the world, especially for countries including China. Therefore, register an EU trademark that can be used in its 27 member states.
The 27 member states of the European Union: Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, Bulgaria, Croatia).
2. Settled in the e-commerce platform:
Amazon's sites in Europe include Germany, France, Italy, Spain, Poland, the Netherlands, and Austria, and China can only enter the Amazon marketplace in the first five countries. Registering an EU trademark is also very advantageous, and it can be used in five Amazon sites, which is convenient to operate and easier to build a site.
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On December 20, 1993, the European Union Conference adopted the European Community Trademark Regulation, abbreviated as CMTR. The United Kingdom, Germany, France, Italy, Spain and other EU countries began to implement a trademark system for use in all EU countries (as of May 1, 2004, the EU has been extended to 25 countries).
EU trademarks and applications for their registration are valid throughout the European Union, and trademark applications and their corresponding registrations are automatically extended to all 25 member states. The registration of trademarks in the European Union has a registration procedure that is controlled by OHIM, without the involvement of the respective national industrial property offices.
Advantages: One application can be filed at a time, use in any member state is considered to be use in 25 countries, and the assignment, change or renewal of the trademark will take effect in 25 countries;The cost of registration is low, and whether it is registration, renewal, etc., it is much cheaper than the cost of registering in each country.
Disadvantages: Since the 25 Member States use different languages, there may be similarity in the meaning or pronunciation of the mark, while an opposition from only one of the 25 Member States and the opposition is upheld, which will result in the refusal of the entire Community trademark registration. Although the rejected trademark can be converted into a national application and retains the original EU trademark filing date, the applicant will also have to pay a conversion fee to each country.
The exclusive right to use a trademark is valid for ten years from the filing date, and each renewal registration is valid for ten years.
Also, as a reminder, the UK has left the EU and in order for a trademark to be valid in the UK, a separate UK trademark must be registered.
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