European trademark registration
The EUIPO is the European agency responsible for the registration of trademarks and designs valid in the 27 EU Member States and is located in Alicante, Spain.
The processing
The European Union trade mark is a registration valid throughout the European Union and registered with the EUIPO (European Union Intellectual Property Office) in accordance with the provisions of the European Union Trade Mark Regulations.
The registration of the European Union trademark is therefore valid throughout the territory of the European Union and it is not possible to limit the geographical scope of protection to certain member states. Your application is therefore unique and extends to all 27 member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the Netherlands.
On the right, chronological order of the registration process of a trademark in the European Union.
Receipt of the application
Publication of the application
End of opposition period
Publication of the trademark
Refusals by the EUIPO?
The EUIPO may only refuse a trademark due to opposition by third parties and for falling under the prohibitions set by the Law; it cannot act ex officio due to similarity with other trademarks, even if they are identical.
After examining the application, the EUIPO publishes a trademark application in the European Trademark Bulletin and at the same time carries out a search for similar or identical earlier trademarks that may be affected by this new application, informing their owners of its existence. However, it will be the owner of the prior trademark who will decide whether or not to file an opposition, for which he will have a period of 3 months from the publication of the application in the European Trade Marks Bulletin. In the event of any litigation (oppositions), the losing party will bear the costs of the proceedings (those corresponding to the regulations).
If a trademark is refused or cancelled, the registration will lose its effects in its entirety.
It is possible to convert an EU trademark into a national trademark if necessary, i.e. if the EU trademark is refused.
The duration of the EU trademark registration is 10 years from the date of application, and can be renewed indefinitely for equal periods.
It is important to bear in mind that in order for the registered EU trademark not to lapse due to non-use, it must be used in at least one of the member countries of the European Union.
The existing goods and services on the market are included in the International Trademark Classification, divided into 45 classes; 34 for goods and 11 for services.
Do you want to register your trademark in Europe?
