European Union Intellectual Property Office

The European Union trade mark (EUTM) runs parallel to domestic trademarks in EU countries and does not conflict with each other. However, trademarks that have already been registered or applied for registration within each member state of the European Union constitute prior rights against EU trademark registration, and vice versa.

The European Union Intellectual Property Office (EUIPO) is responsible for approving the registration of EU trademarks, but EUIPO does not proactively examine the existence of prior rights when reviewing trademark registration applications. Prior rights holders can protect their rights through procedures such as objections and requests for invalidation.

Introduction to the European Intellectual Property Office

According to the EU Trademark Regulation (EU) 2015/2024, which came into effect in 2016, the former Office for the Coordination of the Internal Market (OHIM) was renamed as the European Intellectual Property Office (EUIPO) on March 23, 2016, and the “Community Trademark” (CTM) was also renamed as the “European Union Trademark” (EUTM).

EUIPO is responsible for the registration and management of EU trademarks and designs, with its headquarters located in Alicante, Spain.

website：euipo.europa.eu

Telephone：+34 965 139 100

Fax：+34 965 131 344

mailbox：information@euipo.europa.eu

address：Avenida de Europa, 4, E-03008 Alicante, Spain

Introduction to EU Trademark Registration

EU trademarks operate in parallel with domestic trademarks of EU countries and do not conflict with each other. However, trademarks that have already been registered or applied for registration within EU countries constitute prior rights against EU trademark registration, and vice versa.

The signs that can be registered as EU trademarks include text, graphics, three-dimensional signs, colors, and sounds, but they must have distinctiveness (able to distinguish from other products and services), be able to be clearly and objectively represented, and not conflict with prior rights. A purely descriptive mark that only describes the characteristics of a product or service cannot be registered as an EU trademark.

EUIPO divides trademarks into individual marks, collective marks, and certification marks. Personal trademarks are actually ordinary trademarks, and both natural persons and organizations can apply for registration. Collective trademarks and certification trademarks are no different from those in China.

The owner of a registered trademark in the European Union enjoys the exclusive right to use the trademark that is valid in all current and future EU member states.

EU Trademark Registration Procedure

There are two ways to obtain an EU registered trademark: one is to directly apply for registration with EUIPO, and the other is to file an international trademark registration application and designate the EU as the effective region.

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.

4.1 Registration Procedure

1. Submit an application

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.

2. Review

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.

3. Public application and objection

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.

4. Registration and Publicity

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.

For more information, please refer to the EUIPO Trademark Practice Guide.

4.2 other

The EU registered trademark is valid for 10 years and can be renewed indefinitely.

After discovering that someone has infringed upon their registered trademark, the rights holder can issue a Cease and Desist Letter, requesting the infringing party to cease the infringement. The rights holder can also file a civil lawsuit in any member state of the European Union, and any order issued by any court has enforceability in all member states of the European Union. EU member states are responsible for investigating and prosecuting trademark criminal offenses and implementing customs enforcement measures in accordance with their domestic laws.

Introduction to EU Trademark Office Fees