What are the procedures for registering a trademark in the EU?

Updated on Financial 2024-03-11
7 answers
  1. Anonymous users2024-02-06

    The registration procedure of an EU trademark can be roughly divided into four stages: submission, examination, publication of opposition, and registration. In the absence of any objection to the total time required from the filing of the application to the registration4-7 months

    1.General application process and time required

    Submission stage(Receipt will be issued within 1-3 days).

    A notice of receipt containing information such as the application number can be obtained from the EUIPO immediately after submission.

    Review stage(3-6 months).

    According to EU trademark law, the EUIPO only conducts an absolute ground examination after receiving the application, mainly to check whether the trademark is distinctive, and whether it violates the prohibition clause. A trademark application will not be rejected because the trademark is identical or similar to the earlier application. This is mainly left to the prior right holder to decide whether or not to file an opposition to the EU application.

    Announcement Opposition Stage(3 months).

    If no problems are found in the examination or the problems found have been corrected, the trademark application will be published. Within three months of publication, any interested party or prior right holder may file an opposition with the EUIPO.

    Registration Phase

    If there is no objection or the opposition is not established during the EU trademark publication period, the EUIPO will arrange for the registration announcement and issue the registration certificate. It is important to note that the EUIPO currently only issues electronic certificates of registration.

    2.Problems that need to be paid attention to after trademark registration

    Submit a declaration of continued use of the trademark, valid for 10 years after the registration of the EU trademark, and the validity period is calculated from the filing date; The renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.

  2. Anonymous users2024-02-05

    Jite Intellectual Property: What are the procedures of the EU trademark registration process?

    1.Submit the application to the Office for Harmonization in the Internal Market (OHIM), and the trademark application will be accepted by the authority if it is deemed to be eligible, with a filing date and application number;

    2.Upon acceptance, the authorities conduct a search of the earlier mark and submit the application to the Member States for the search of the earlier mark, which sends the search report to the Office for Harmonization in the Internal Market within 3 months;

    3.Upon receipt of the search report from each Member State, the authority shall make it available to the applicant for information together with the search report of the Office;

    4.The authorities do not conduct a substantive examination of the applied trademark, and if the application is preliminarily accepted for registration, it is published, and the opposition period is 3 months from the date of publication, and any natural or legal person in the 25 member countries has the right to raise an opposition to the trademark, and if there is no objection or the opposition is not established, the trademark is registered;

    5.If the applicant's trademark application for registration is rejected (including a rejection of a Community trademark application due to opposition in a Member State), the applicant has three months to convert the EU trademark into a separate trademark application in one or more countries, with the same original filing date and priority date.

    6.If the applicant's application for registration of the trademark is rejected and the applicant is not satisfied, he or she may apply to the EU Trademark Reexamination Board for a review, and if there are grounds to believe that the review decision of the EU Trademark Reexamination Board violates the Rome Treaty or the Community Trademark Regulation, it can also appeal to the European Court of Justice in Luxembourg.

  3. Anonymous users2024-02-04

    The basic procedure for registering a trademark in the EU is as follows: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 office 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 12-15 months.

  4. Anonymous users2024-02-03

    Submit the application to the Office for Harmonization in the Internal Market (OHIM), and the trademark application will be accepted by the authority if it is deemed to be eligible, with a filing date and application number;

    2. After acceptance, the authority conducts a search of the prior trademark, and at the same time submits the application to each member state for the search of the prior trademark, and each member state sends the search report to the Office for Harmonization in the Internal Market within 3 months;

    3. Upon receipt of the search reports of the Member States, the authorities shall provide them to the applicant for reference together with the search reports of the Office;

    4. The authorities do not conduct substantive examination of the applied trademark, if the application is preliminarily accepted for registration, that is, the publication, from the date of publication of 3 months as the opposition period, 25 member countries of any natural person or legal person has the right to raise an objection to the trademark, no objection or the objection is not established, the trademark is registered;

    5. If the trademark applied for registration by the applicant is rejected (including the rejection of the Community trademark application due to opposition from member states), the applicant can convert the EU trademark into a separate trademark application in one or several countries within three months, and the original filing date and priority date are equally enjoyed;

    6. If the applicant's trademark application for registration is rejected and the applicant is not satisfied, he can apply to the EU Trademark Reexamination Board for review, and if there is reason to believe that the review decision of the EU Trademark Reexamination Board violates the Rome Treaty or the Community Trademark Regulation, he can also appeal to the European Court of Justice in Luxembourg.

  5. Anonymous users2024-02-02

    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 office 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 12-15 months.

  6. Anonymous users2024-02-01

    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 will notify 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 of three months of Xuncha. During these three months, any third party may file an opposition to the published trademark;

    4. If there is no objection from a third party, the applied trademark can be approved for registration within one year;

    5. The application period for registration is about 8-12 months.

  7. Anonymous users2024-01-31

    The basic procedure for registering a trademark in the EU is as follows:

    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 office 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 12-15 months.

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