- European
1. Single registration country route: Obtain protection within a member country. Mainly targeting the current business location or countries/regions where transactions are planned. Submit registration application directly to the trademark authority of the country/region
2. Regional route: Submit an application to the Benelux Economic Union. And obtained trademark protection from Belgium, the Netherlands, and Luxembourg, and submitted a registration application (BOPI) to the Benelux Trademark Office.
3. EUIPO route: Register and obtain protection in all member states of the European Union, and submit a registration application (EUIPO) to the European Intellectual Property Office.
4. International route: Protected in all member states of the European Union. Through the Madrid International Registration System, apply for a designated extension to the European Union (WIPO).
EU trademarks can be composed of any symbol. On October 1, 2017, due to the revision of Regulation (EU) 2015/2024, the requirement for graphic representation was removed. There are three types of trademarks that can be registered in the European Union: ordinary trademarks, certification trademarks, and collective trademarks.
1. Ordinary trademark
A separate tag can be used to distinguish the goods and services of a specific company from those of other companies. However, this does not mean that a single trademark must be owned by a single individual. A single trademark can be owned by one or more legal or natural persons, which means that the applicant can have multiple types. The official application fee for a single trademark in a category starts at 850 euros (electronically)
2. Collective trademark
A collective trademark distinguishes the goods and services of a company or association member from those of its competitors. Collective trademarks are beneficial in building consumer confidence in the products or services they provide. At present, collective trademarks are mostly used to identify products with certain characteristics. The EUIPO currently stipulates that only manufacturers, service providers, trade associations, and legal person associations under international public law can apply for collective trademarks. The official application fee for a collective trademark in one category is 1500 euros (electronically).
3. Proof of Trademark
The certification trademark was launched in EUIPO on October 1, 2017. Although they have existed in the national system for many years, they are a new type of trademark that meets EU standards. They are used to indicate that goods or services meet the certification requirements of certification bodies or organizations, and are also signs of quality supervision. Any natural or legal person, including officials, institutions, and entities under government jurisdiction, may apply for the EU certification mark, provided that the applicant does not engage in business involving the provision of certified products or services. The official application fee for proving a trademark in a category is 1500 euros (electronically).
The EU registered trademark is valid for 10 years and can be renewed indefinitely.
EUIPO recognizes international priority for 6 months, and those who file the same trademark registration application again in the EU within 6 months after the first trademark registration application in China can enjoy priority. If a trademark registration application is filed within 6 months after the product is first exhibited at an international exhibition officially held or recognized by the European Union, exhibition priority can also be claimed.
If the trademark conflicts with certain member states, the applicant may convert the application, in other words, convert the EU trademark application into a separate application, but must pay the required fee, and at the same time, the applicant loses the CTM application. As mentioned above, the applicant may choose one of the 11 languages as the official language for communication, but if the language chosen by the applicant and the objector is different, the objector's language shall prevail.
EU trademarks must be put into use within 5 years after registration, otherwise anyone can apply for cancellation of registration without use. Anyone can also apply to EUIPO to revoke a registered trademark or declare a registered trademark invalid. Those who are dissatisfied with the final decision of EUIPO can also appeal according to the steps in the previous paragraph. If a registered trademark in the European Union is transferred or licensed to others for use, it should be registered in the EUIPO.
1. Apply for registration with EUIPO
2. Submit an application for international trademark registration and designate the European Union as the effective region.
You can search for the trademark you want to apply for and understand the application risks through the EU trademark database. The European Intellectual Property Office does not conduct an absolute examination of trademark applications, i.e. similarity or similarity examination. But the applicant can evaluate the probability of the trademark application encountering opposition procedures through inquiry.
Directly applying to EUIPO is divided into online and paper applications, with lower online application fees (850 euros) and only one language required. EUIPO also has a fast application channel, which can accelerate the EUIPO review process and make the registration application public as soon as possible.
After receiving the application, EUIPO will conduct an examination and notify the applicant to make corrections within 2 months if any issues are found. If the correction is not made within the prescribed time, EUIPO will reject the application or claim in whole or in part.
Those who are dissatisfied with the decision of EUIPO can appeal to the internal appeal committee of EUIPO. Those who are dissatisfied with the decision of the appeal committee can appeal to the General Court of the European Union. The judgment of the General Court of the European Union can also be appealed to the Court of Justice of the European Union.
However, EUIPO does not proactively examine whether there are prior rights when reviewing trademark registration applications. Prior rights holders can protect their rights through procedures such as opposition and requesting invalidation.
If there are no issues with the EUIPO review, the registration application will be published in the EUTM Bulletin.
Anyone who believes that the trademark application for registration damages their prior rights may raise an opposition within 3 months after the application is made public. EUIPO will organize a process for both parties and make the final decision. Those who are dissatisfied with the final decision of EUIPO can appeal according to the steps in the previous paragraph. Anyone who believes that the trademark applied for registration does not meet the conditions for trademark registration can submit an observation to EUIPO. The observation does not require payment, and EUIPO will inform the applicant and consider it.
If no objection or opinion is raised within the prescribed time, or if the objection or opinion is not valid, EUIPO will be registered, publicly published in the EU Trademark Gazette, and an electronic registration certificate will be issued.
EU trademarks must be put into use within 5 years after registration, otherwise anyone can apply for cancellation of registration without use. Anyone can also apply to EUIPO to revoke a registered trademark or declare a registered trademark invalid. Those who are dissatisfied with the final decision of EUIPO can also appeal according to the steps in the previous paragraph. If a registered trademark in the European Union is transferred or licensed to others for use, it should be registered in the EUIPO.
1. Trademark design
2. Category and specific product/service items
3. Applicant's name and address
4. If priority is declared, proof of priority must be provided
