Trademark Registration in Europe
Trademarks are powerful tools that help you build your brand recognition. Registering your mark and using it the right way can multiply the profits of your business. What if a single trademark application offers the same power in 28 member states? Yes, it is possible with the trademarks filed under the European Union.
Let us get to know more about the application and trademark registration formalities in the European Union.
The four-tier system
The European Union Intellectual Property Office (EUIPO) follows a four-tier system to register trademarks. The applicant is free to apply for a trademark in any one of the following methods:
The national route: Some applicants own small-scale businesses and aim to protect their mark only in a particular member state. Hence, they can choose to apply for a trademark only in the member state where their business is based. In such cases, one can file for trademark protection directly in the respective national IP office.
The regional route: Applicants looking to protect their mark in Belgium, the Netherlands, and/or Luxembourg can file a trademark application in the Benelux Office of Intellectual Property (BOIP). The BOIP is the only IP office at the regional level in the European Union.
The European route: If the applicant looks to protect their trademark in more member states, he can apply for trademark registration directly in the EUIPO €850.
The international route: The EUIPO also enables one to protect its mark on an international level. A trademark registration through this route will offer protection to your trademark in countries that are signatories of the Madrid Protocol.
Now, let us have a closer look at the trademark registration process at EUIPO.
Types of registrable marks
There are three types of trademarks that are registrable in the EUIPO.
Individual marks: Individual marks are unique and distinguish the services or products of your company distinctly from other businesses. The basic fee for an online individual mark application is EUR 850.
Collective marks: These marks help you to distinguish the services and products of a group of organizations or associations from their competitors. Some organizations use collective marks to represent a group of products that have similar characteristics. The basic fee for an electronic collective mark application is EUR 1500.
Certification marks: These marks are capable of distinguishing the services or goods that are certified by the trademark owner in terms of the performance of services, accuracy, method of manufacture, or material. These marks act as a benchmark for supervised quality. Hence, any individual or company may apply for this mark as long as they are not involved in the supply of certified products or services. However, this mark is not applicable to certify a product or service based on geographical origin. Applicants willing to file for the certification marks electronically should pay a fee of EUR 1500.
Pre-filing tasks
Once you decide on the mark, you must conduct a trademark availability search to ensure the mark is available. This search is free of cost and can help you ensure there are no existing marks similar to your mark. There are two different databases where you can launch this search: the eSearch Plus and TM view.
The EUIPO follows the NICE classification, where there are 45 different classes of goods and services available. The applicant has to be realistic and choose one or more classes that suit their business. However, the EUIPO makes our work easier and helps us select suitable classes through their Harmonized database and the Goods and services provider.
The applicant has to pay an additional fee of EUR 50 to include a second class and a cost of EUR 150 each from the third class onwards.
Filing the application
The EUIPO offers two types of filing applications. They are the five-step application form and the Advanced form. The advanced form comes in handy when we need to file complex trademark applications. In other words, businesses coming up with their list of services and goods must use the advanced form. The EUIPO also offers a fast-track option. Usually, fast-track applications will receive registration certificates within a shorter duration. However, one has to make an upfront payment when they file in the fast-track mode. At the same time, one can pay within one month from the filing date while applying using a regular form.
The examination stage
The examiner checks your application for all relevant details and the classes and launches a search to ensure there are no conflicting marks. The EUIPO will notify you if there are any issues with the application, such as missing details, irrelevant classes, or uniqueness of the mark. You should respond within two months to such queries. However, you may also request a two-month extension if necessary.
If the examiner still refuses your application, you have the right to appeal, or you can convert the EU application into a national registration (if no conflicts exist).
The Opposition stage
Once the EUIPO accepts your publication, it publishes the trademark in the EU Trademark Bulletin. Any third party can oppose your trademark with enough evidence within three months of publication. Now, the applicant should submit a counter-argument with supporting evidence. The EUIPO decides on the application based on the evidence and arguments from both parties.
The registration stage
Finally, when your mark overcomes the opposition, the EUIPO registers the trademark officially. The applicant can download the registration certificate within two days after publication. Usually, the EUIPO does not issue a hard copy of the certificate; however, the applicant can request a hard copy of the registration certificate.
The trademark registration is valid for ten years; hence, you must ensure to renew it once in ten years.
Applying for a trademark in the EUIPO is relatively straightforward, and the office has come up with many valuable databases that help you throughout the trademark registration process. Besides, registering for a trademark in the European route will offer you a wide range of protection. Thus, trademark registration in EUIPO is a valuable tool for businesses to protect their brand identity over a vast geographical area. Reach us for your trademark registration in Europe!
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