The European Union is composed of 27 countries with a consumer base of 500 million people, making it one of the largest economies in the world! The "one-stop" registration service for trademarks and designs can be protected throughout the entire European Union.
Why register your trademark or design in the European Union?
Trademarks or designs registered in China are only valid within the territory of China; If you wish to obtain protection within the 27 member states of the European Union, you must register separately. In the European Union, Community Trade Marks (CTMs) and Registered Community Designs (RCDs) aim to enable companies to obtain comprehensive protection across the entire EU at a lower cost through a "one-stop" registration process:
Europe is our important overseas market, and registering each country individually will inevitably increase time and economic costs. If more countries join the EU, your intellectual property will also be protected in the new member states!
1、 Introduction to EU Trademarks
1. The European Community trademark law belongs to the civil law system, and registration is based on the principle of prior application.
2. The types of trademark registration include commodity trademark, service trademark, collective trademark, three-dimensional trademark, color trademark, audio trademark, and odor trademark.
3. The trademark registration adopts the International Classification of Goods and Services for Trademark Registration.
4. The Internal Market Coordination Office of the European Community, also known as the "Internal Coordination Office," located in Arikent, Spain, is responsible for accepting and reviewing applications for trademark registration in the European Community.
5. List of 27 member states of the European Union: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom, Hungary, Poland, Czech Republic, Slovenia, Slovakia, Estonia, Lithuania, Malta, Cyprus, Romania, Bulgaria. You can protect all markers that can be represented by writing methods, such as words, letters, numbers, graphic elements, images, shapes, colors, color combinations, music, rhythm and sound, and symbols of movement.
2、 Required documents for EU trademark application
1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;
2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;
3. Electronic trademark samples;
4. Product name and category.
5. The power of attorney document can be signed without the need for public authentication procedures.
6. Applications can be made in any official language, but a second language must also be specified.
3、 EU trademark application registration
1. Applicant Qualifications:
(1) Natural or legal person
(2) Nationals of member states of the European Community
(3) Nationals of non EU member states, as long as their country is a member of the Paris Convention or the World Trade Organization
(4) Natural persons or legal entities with a real place of business residing in EU member states or Paris Convention member states
(5) Nationals of the country that has a reciprocal agreement with the European Union
2. Application process (smooth progress):
(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.
(2) Search report: The Internal Relations Office conducts searches and issues search reports on previously registered or applied European Community trademarks. At the same time, trademark offices of other European Community member states except France, Germany, and Italy conduct searches and issue search reports. The applicant will receive the above-mentioned search report before the trademark is approved for publication and decide whether to arrange for trademark publication.
(3) Substantive examination: When examining an application for a European Community trademark, the Internal Relations Office only examines its registrability (i.e. distinctiveness), also known as absolute grounds, without examining relative grounds, that is, without citing prior rights to reject the application.
(4) Announcement: After examination, the examiner considers that the trademark application can be accepted and will publish an announcement in the official trademark announcement of the European Union. The objection period is 3 months from the date of announcement.
(5) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 18-24 months.
3. Validity period of EU trademark: 10 years from the date of application. If the registration needs to continue to be used after the expiration of the validity period, an application for renewal registration should be made 6 days before the expiration of the registration validity period. Each renewal registration is valid for 10 years and can be renewed indefinitely.
What are Community trademarks and registered Community designs?
A European Community trademark is a trademark registered with the European Union's Internal Market Coordination Office, with the aim of obtaining exclusive rights to use the trademark for a wide range of specified goods and services in related commercial or industrial activities throughout the European Union.
A registered European Community design is a design registered with the Internal Market Coordination Office of the European Union, with the aim of obtaining exclusive rights to all or part of the appearance of a product throughout the European Union.
The EU trademark and registered EU design grant exclusive rights that are valid as a whole within the EU. Either receive protection from all member states, or receive no protection from any member state!
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