Application for EU trademarks – the EUIPO procedure
Businesses operating in the European Union can apply for EU trademark (EUTM) registration to ensure that the sign is protected across all 28 EU Member States. The body which processes applications for EU trademarks is the European Union Intellectual Property Office (EUIPO).
Applications can be made personally or through an attorney in numerous ways: on the EUIPO website, in person, by post, or by fax. The application procedure comes in two modes: regular, which takes about six months, and fast track, which takes about four months.
The application must contain information about the owner of the mark, about the mark itself (the mark must be clearly presented), and about the goods and services covered by the application.
After receiving the application, EUIPO experts will check whether the mark can be registered. If the application meets the formal requirements it is published by EUIPO. However, if any formal defects are found, EUIPO will notify the applicant of that fact and grant a period of maximum two months to redress them. If the application is complete and correct, or if the applicant redresses the formal defects, the application will be published. This opens the so-called opposition period.
Any entities which do not agree to the registration of the mark are given three months to file an opposition. EUIPO resolves disputes resulting from oppositions on the basis of the evidence and arguments submitted by both parties, i.e. the applicant and the opponent.
A trade mark is registered if the EUIPO settles the dispute in favour of the applicant or if it has no comments or objections. The trade mark registration process takes one week.
It is worth monitoring registered EU trademarks in order to find any new applications which may infringe on your already registered trademarks.
Check out the other trademark application procedures