EU Trademark Registration
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Introduction EU Trademark Registration
EU can provide comprehensive consultation for your EU trademark registration, from assisting you with the initial trademark search to administering the relevant documentation. We are experienced in all aspects of EU trademarks from the initial designing process to ensuring successful trademark renewals.
EU Trademark Requirements
The Office for Harmonization in the Internal Market (OHIM) is responsible for registration of community trademarks throughout the EU. A trademark that is registered by OHIM is known as a community trademark (CTM) and is valid across all 27 member states.
All CTM’s must be capable of graphical representation, be unique and distinguishable against third parties and competitors in the market. A CTM may consist of personal names, words, numerals, letters, shapes or designs, or a combination thereof.
A CTM, once registered, is valid across the European Union as a whole. It is not possible to limit the geographic scope of the community trademark to protection to certain Member States. For individual member state protection registration must be applied for through the countries national trademark offices. The validity period of a CTM is 10 years from the date of official registration, and can be renewed indefinitely for periods of ten years.
Procedure and time scale for EU trademark registration
The following are the main steps in that process:
Step 1: You can conduct a search to determine if the mark is free to use and register (although this is optional).
Step 2: File your application, either on paper or electronically. It is cheaper to file the application electronically.
Step 3: If you file the application electronically, a filing receipt will be produced as part of the filing process, where you will be given the official filing date and number. If you file the application on paper, the filing receipt will be issued in a few weeks.
Step 4: Within around one month of the filing you will receive comments from OHIM on the formalities examination. This will raise any specific queries that OHIM may have for example, regarding your class choices, wording of the specification and objections to the distinctiveness of the mark If objections are raised, these can be countered in writing.
Step 5: Within around 4 months of filing, you will receive Community and National Search Reports. These will list any trade marks, either granted or pending, that appear to conflict with your application. You can amend or withdraw your application at this point, although the Reports are only advisory. must be paid for the request for National searches to be valid and this request must be made at the time of filing the Community Trade Mark Application by ticking the relevant box.
Step 6: Your application will be advertised in the Community Trade Marks Journal within around 6 months of your original filing. This is an opportunity for other brand owners to file their objections. If they do so, the application may fall completely or be delayed.If a formal opposition is filed, opposition procedures can last for two years or more. The application is open to opposition for three months from the date of advertisement, the opposition period can not be extended.
Step 7: If there are no oppositions, OHIM will issue you or your trade mark attorney a certificate of registration around 6 months after the advertisement date. Previously a registration fee was payable at this stage, but this was abolished on the 1st May 2009.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82148419, 86-755-82143512, or emailing to info@citilinkia.com.