What is the application process for a trademark registration in the EU?

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The detailed process of registering a trademark in the EU

1. EU trademark registration process: EU trademark application submission and acceptance procedures

I have to say that the registration process in the EU is not much different from others, that is, the application. However, the location of the application is very different. Unlike other places, the EU has too many member states, and in order to maintain a normal economic order, they have set up the European Internal Market Harmonization Agency.

Therefore, we also submit our application to OHIM. The application is your business, and whether it is accepted or not is the authority's business. Therefore, your application will only be accepted if the authorities consider that you meet the requirements for a trademark application.

In this case, the application date and application number will also be generated.

2. Trademark search procedures for the EU trademark registration process

The peculiarity of an EU trademark registration is that there is a trademark search process after it is processed. The first step is to conduct a trademark search in the General Administration, and at the same time to transmit the application letter to all interested Member States for a trademark search, which takes about three months. Member States would also be given a time limit of three months to send the results of their search to the Coordinating Office.

3. EU trademark publication procedure for EU trademark registration process

Once all the search reports are available, we can't just do it all and leave them to the applicant. After it is communicated to the applicant, it can be reviewed in the most democratic way. It is important to know that the U.S. authorities will not conduct substantive examination of the applied trademark, so when the application is preliminarily accepted for registration, it will be publicized, that is, the announcement is very long, that is, it will be publicized at the same time when searching in various countries, and the first day of publicity will be 3 months for the opposition period, and any natural person and legal person organization in all member states of the European Union has the right to oppose the trademark registration, of course, we also have to see whether the opposition is valid.

If there is no opposition or the opposition is not substantiated, then the trademark can be registered, and vice versa.

4. Separate registration procedures for the EU trademark registration process

If an opposition is filed and the opposition is upheld, the application for a registered trademark will be rejected by the Community, but the applicant should not be overly alarmed, as the applicant can also convert the original EU trademark registration into a separate trademark application within three months, which may be in one country or several EU member states. In addition, they have a certain priority policy, which will keep the original filing date, and the priority date can also be enjoyed.

5. Trademark review procedure for EU trademark registration process

In the case of a rejection of the application, there are other ways to deal with it. In other words, the applicant can be dissatisfied and can apply for a review to the EU Trademark Reexamination Board, and the review decision must also comply with the Rome Treaty and the Community Trademark Regulation, otherwise the applicant can also appeal to the European Court.

1. The process of applying for an EU trademark:

1. Determine the trademark to be registered, and provide the trademark sample and product category.

2. After the registration is decided, the registration agreement is signed and the declaration is made.

3. In about three working days, the European Union Trademark Office will issue the acceptance, and 4. The trademark registration certificate will be issued in about 9-12 months.

2. Validity period and renewal of registration:

EU trademark protection is granted for a period of ten years, renewable for each renewal of the term of protection of ten years.

3. Materials required for registration of EU trademarks:

1. The name and address of the applicant are in Chinese and English. If the enterprise applies to provide a copy of the business license of the enterprise (signed by the legal person), and if the enterprise applies for an individual, a copy of the personal ID card (signed by the applicant).

2. Apply for goods or services;

3. A copy of the trademark drawing (electronic version);

4. What documents are required to apply for trademark rejection review?

The applicant shall submit an Application for Review of Rejection of Trademark Registration Application to the Trademark Review and Adjudication Board

At the same time, the original "Application for Trademark Registration" stamped with the "rejection" seal of the Trademark Office will be attached;

The original copy of the Notice of Refusal of Trademarks;

Trademark drawings (10 original drawings);

5. Trademark announcement stage.

Even if a registered trademark has passed the examination of the examiner and is published in the trademark publication, there are still uncertainties. The trademark publication period is three months, during which anyone can file an opposition, and the Trademark Office will ask the applicant to reply after receiving the opposition, and then make a decision on whether to approve it based on the comprehensive materials.

6. In which countries can I be protected after applying for an EU patent?

There are already 28 member states that have joined the European Union.

United Kingdom, France, Germany, Italy, Netherlands, Belgium, Luxembourg, Denmark, Ireland, Greece, Portugal, Spain, Austria, Sweden, Finland, Malta, Cyprus, Poland, Hungary, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Croatia.

To sum up, it is the process and precautions for registering an EU trademark, I hope it can help you

The process of registering a trademark in the European Union

1. Submit the application to the Office for Harmonization in the Internal Market of Europe: the authority will accept the trademark application if it is deemed to be eligible, and give the filing date and application number;

2. Accept and conduct an earlier trademark search: submit the application to each member state for an earlier trademark search, and each member state will send the search report to the Office for Harmonization in the Internal Market within 3 months;

3. Conduct formal examination and publication of the trademark: if the application is preliminarily accepted for registration, that is, the announcement, the opposition period is 3 months from the date of announcement, and any natural person or legal person in the 28 member countries has the right to raise an objection to the trademark, and if there is no objection or the opposition is not established, the trademark shall be registered;

4. If the application is rejected to a single country: if the trademark applied for registration by the applicant is rejected (including the rejection of the Community trademark application due to opposition raised by a member state), 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.

5. If the applicant is not satisfied with the rejection of the trademark for registration, the applicant 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 Regulations, it can also appeal to the European Court of Justice in Luxembourg.

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.

Jite Intellectual Property: What is the application process for trademark registration in the EU?

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;

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;

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;

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;

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.

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.

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.

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 12-15 months.

Hello, I would like to give you a general introduction about the procedures of the EU trademark registration process, and you can consult us for details.

The process and timing of trademark registration in the European Community.

The Community trademark registration procedure adopts an examination procedure, which mainly consists of the following three parts:

1. The examination of the application includes whether there is a consistent application date, formal examination and whether there is an absolute rejection. At this point, a query report is created. This step begins with the acceptance of the application, which is either accepted directly by OHIM or through the various national industrial property offices.

Step 1 includes: (1) examination of whether the filing dates are the same, examination of the class of the designated trademark or service for which the application is made; (2) send this order of goods or services to the EU Translation Center (Luxembourg); 3) Establish an EU trademark search report, send this application to the industrial property office of the member state, check it in the registration of each member state, and send all the reports to the applicant or his/her ** person; (4) examination of whether there are grounds for absolute refusal; Note: OHIM does not examine the relative grounds for refusal.

This examination will only be carried out in response to an opposition by a third party or an application for cancellation after the registration of a Community trademark has been granted.

2. The publication of the application for registration of the trademark of the Community indicates that OHIM has agreed to the registration of the trademark.

3. Approval of registration (including the stage of opposition examination procedure) In this step, a third party with prior rights files an opposition. The opposition must be filed within 3 months from the date of publication of the EU trademark application. If the opposition is found in favour of the trademark applicant, or if no opposition is filed during the opposition period, then the Community trademark application will be granted.

The above registration process is simply 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 application to the trademark office of each member state for the examination of the trademark in each country;

3. After the review is passed, the announcement will be made for three months. During this period, a third party may raise various objections;

4. If there is no opposition from a third party, the trademark will be approved for registration in about one year.

5. It takes 12-15 months.

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