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European Union Trademarks
The European Union Intellectual Property Office (EUIPO) offers the possibility of registering a trademark in 27 member countries by filing just one application. The EU trademark covers: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
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Application language
The official languages of the EUIPO are English, French, German, Italian and Spanish. An application can be filed in any of the 23 languages of the EU, still, the translation of the application materials into one of the chosen official languages (the second language) should be provided to the EUIPO. Also, it is necessary to indicate the second language for possible opposition or cancellation proceedings.
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Application requirements
The following information should be indicated in a trademark application in order that the filing date could be established by the Office:
- request to register a trademark;
- information about the applicant and the applicant’s representative;
- reproduction of the mark;
- list of goods and/or services.
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Multiple-Class applications
A trademark application can be filed in multiple Classes in the EU.
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Priority of an application
If priority is claimed, a certified copy of the Priority Document should be submitted to the EUIPO within 3 months from the date of filing an application. If the language of the Priority Document is not one of the languages of the EUIPO’s official languages, upon the request of the EUIPO the applicant must submit the translation thereof into the language used as the first or the second language of the application, within the term specified by the EUIPO.
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Official filing fee
The official fee depends on the number of Classes of goods and/or services indicated in the application. The minimal official fee for filing an application in one Class is 850 EUR.
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Power of Attorney for a representative
No Power of Attorney is required for filing an application. A foreign applicant may be represented before the EUIPO by any legal practitioner qualified in one of the member states of the European Economic Area, i.e. the EU countries, Iceland, Liechtenstein, and Norway.
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Examination procedure
A trademark application is subject to the formal examination only. If an application meets all the formal requirements and no absolute grounds for issuance of the refusal are revealed, a trademark shall be published in the EU Trademark Bulletin. Any interested party has a right to file the opposition against registration of a published trademark within 3 months from the publication date.
The examination procedure takes up approximately 4-6 months in absence of objections raised by the EUIPO and third party oppositions.
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Validity term and renewal
A trademark is valid for 10 years from the filing date and can be renewed for another 10-year periods. A trademark renewal can be requested as early as 6 months before the expiration date. The legislation also stipulates the possibility of trademark renewal during the grace period of 6 months after expiration upon payment of the additional fee.
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Use requirements
A European Trademark becomes susceptible to revocation if it has not been put to genuine use within a continuous period of 5 years.
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Useful links
Online Search Database for European Union Trademarks: https://euipo.europa.eu/eSearch/#basic