There are two ways to obtain a registered trademark in the European Union. One is to apply for registration directly to EUIPO, and the other is to file an international trademark registration application and designate the European Union as the effective region. The entire process of EU trademark registration generally takes 12-18 months.
EUIPO recognizes 6 months of international priority. If you file an application for the same trademark registration in the EU again within 6 months after the first application for trademark registration in China, you can enjoy priority. If an application for trademark registration is filed within six months after the product is first exhibited at an international exhibition officially organized or recognized by the European Union, the exhibition priority can also be claimed.
EU Trademark Registration Process:
1. Submit your application
Applying directly to EUIPO is divided into online application and paper application. Online application fees are lower and only one language is required. In addition, EUIPO also has a fast application channel, which can speed up the EUIPO review process and make the registration application public as soon as possible.
2. Review
After receiving the application, EUIPO will conduct an examination and if any problems are found, the applicant will be notified to make corrections within 2 months. If the correction is not made within the prescribed time, EUIPO will reject the application or claim in whole or in part. When examining trademark registration applications, EUIPO does not proactively examine whether there are prior rights. Prior rights holders can protect their rights through procedures such as objections and requests for invalidation.
3. Public applications and oppositions
If there are no problems with the EUIPO review, the registration application will be published in the EU Trademark Bulletin. Anyone who believes that the trademark applied for registration infringes his prior rights can file an opposition within 3 months after the application is published for 1 month. EUIPO will organize the bilateral procedures and make a final decision. If you are dissatisfied with the final decision of EUIPO, you may appeal. Anyone who believes that the trademark applied for registration does not meet the requirements for trademark registration may submit observations to EUIPO. There is no fee for submitting opinions. EUIPO will inform the applicant and consider them.
4. Registration and Publicity
If no one raises an objection or opinion within the specified time, or the objection or opinion is not valid, EUIPO will register it, publish it in the EU Trademark Gazette and issue an electronic registration certificate.
The EU trademark must be put into use within 5 years after registration, otherwise anyone can apply for cancellation of registration due to non-use. Anyone can also apply to EUIPO to cancel a registered trademark or declare a registered trademark invalid. If you are dissatisfied with the final decision of EUIPO, you can also appeal. If a registered EU trademark is transferred or licensed to others, it must be recorded with the EUIPO.
This is the end of the EU trademark registration process. If you are still confused about EU trademark registration, please pay attention and we will continue to answer your questions~
