What are the frequently asked questions about registering EU trademarks
1. What is an EU trademark
Answer: EU trademarks refer to those stipulated in accordance with CTMR (European Community Trademark Regulations) Conditions: A mark registered by OHIM (Office for Harmonization of the Internal Market of the European Communities) and valid within the EU for identifying and distinguishing goods or services.
2. How to understand the unity of EU trademarks?
Answer: EU trademarks and their registration applications are Valid in EU. Trademark applications and their corresponding registrations are automatically extended to all 25 member states. It is impossible to limit territorial protection to certain member states. Moreover, EU trademark registration has a registration process controlled by OHIM without the involvement of individual national industrial property offices. In addition, the invalidity, rejection or expiration of any EU trademark will apply to the entire EU. Finally, a EU trade mark is a single property. It can only be transferred as the property of the EU as a whole (not of individual member states). However, some trademark licenses have geographical restrictions or other restrictions, or even licenses limited to a specific member country.Yes, it is possible.
3. EU trademark currently covers 25 members What are the countries?
Answer: 25 countries of the European Union: United Kingdom , Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Istania, Hungary, Latvia, Lithuania, Malta, Poland , Slovakia, Slovenia.
4. Does the EU trademark surpass the trademarks of individual member states? ?
Answer: The EU trademark registration system is very strict for its member states. There will be no impact on the trademark registration system (including the Belgian, Dutch and Rwanda trademark systems). Companies are free to choose to apply for individual member state trademark registration or EU trademark registration, or they can apply for both. A large number of existing trademarks registered in member states remain valid. Whether to rely solely on the protection of the EU trademark, or to obtain dual protection from both member state trademarks and EU trademarks, depends entirely on the strategic needs of the trademark applicant and owner. However, if the registration of a trademark in a member state precedes the registration of an EU trademark, then the mark in the member state enjoys prior rights, and vice versa. The industrial property offices of the Member States will not proactively examine such earlier rights. Only the owner of the prior right can make a request, that is, by filing an opposition within 3 months from the date of publication of the EU trademark, or by applying for the invalidation of the EU trademark after registration in accordance with relevant regulations.
5. If the reason for rejection of the application only involves Are there any generally applicable principles regarding such refusal in a given Member State?
Answer: Yes. The industrial property offices of member states will reject applications for EU trademarks, even if the reasons for rejection apply only to that part of the member state. For example, if a trademark contains the use For a trade name in an official language of an EU member state, the industrial property office of that member state will reject the application. Prior registration rights will affect the registration of EC trademarks, even if such prior rights only exist in one EU member state. However, the impact of this situation should not be overstated. A trademark is rejected because it contains an inconspicuous, descriptive, or common name in an official language of the European Union (not one of the world's major trade languages). Cases are uncommon. If the prior right only exists in one Member State, then there is no doubt that this prior right will not become invalid due to someone else’s subsequent application for EU trademark registration. Opposition and invalidation of the prior right in OHIM The procedure provides sufficient space for the proper resolution of such issues. Finally, an EU trademark registration application that has been rejected or declared invalid or annulled can be changed to an application for trademark registration in all EU member states where the grounds for rejection do not apply. And This type of Member State trademark application also enjoys the application date of the EU trademark.
6. Can an international registration in compliance with the Madrid Protocol be carried out based on EU trademark registration? Can an internationally registered trademark under the Madrid Protocol be approved for EU trademark registration?
A: For now, the answer to both questions is no. The EU is not yet a Madrid Protocol Signatory countries. Although the European Commission has put the EU's accession to the Madrid Protocol and the amendment of the CTMR to adjust the procedures related to international registration on the agenda, the EU Council has not yet made a final decision.
7. What kind of marks can be registered as EU trademark?
A: The EU trademark can include any available graphic representation Marks, especially words, including names, patterns, letters, numbers, the shape of goods or the appearance of their packaging, as long as these marks can distinguish the use of one kind of goods or services from other types of uses.
Therefore, the following marks can be used as trademarks Registration:
Text marks include letters, numbers, or A combination of letters, numbers, and text;
contains or Graphical mark that does not contain text;
Colored graphic mark ;
Color or combination of colors;
Three-dimensional mark;
Sound tag;
Trademark applications must include a diagram of the trademark being applied for.
8. Which marks cannot be registered as EU trademarks?
Answer: Although some marks meet the definition of a trademark, they still cannot be registered as an EU trademark if there is an absolute ground for refusal, that is, if the mark ：
Does not have any distinctive characteristics; span>
Specifically refers to the type, quality, quantity, Purpose, value, place of origin, date of production or date of provision of services, and other characteristics of goods or services;
Has become a convention in current language or existing and common practice in business;
Contrary to public policy or widely accepted moral principles;
Has the nature to deceive the public, such as false descriptions of the nature, quality or origin of goods or services;
There are absolute grounds for rejection regarding product shape, origin of alcoholic beverages or certain official symbols.
Certain trademarks can become distinctive through use.
In addition, a trademark that has been rejected due to opposition cannot be used as an EU registered trademark. The prior right holder should register the EU trademark within 3 months from the date of publication. Submit an objection. The following situations constitute prior rights:
Prior EU trademark or application;
Independence Prior trademark registration or registration application in an EU member state;
International registration based on the Madrid Agreement or the Madrid Agreement valid in an EU member state;
Unregistered trademarks or other marks used for trade and valid in multiple member states;
A well-known trademark in a member country (according to Article 6 of the Paris Convention).
An EU traderIf an EU trademark registration application is identical or similar to an earlier EU trademark and is used on the same or similar goods, the EU trademark registration application will be rejected; if the EU trademark application is identical or similar to an earlier EU trademark and is used on the same or similar goods, On the same or similar goods, if there is a possibility of causing confusion among some members of the public, including the possibility of being linked to an earlier trademark, the EU trademark registration application will be rejected; if the applied trademark is identical or similar to the earlier EU trademark, Different from using goods, if the earlier trademark has a certain reputation and its distinctiveness or reputation will be unfairly competed and damaged as a result, the EU trademark registration application will be rejected.
It should be noted that the rejection factors exist in any If it is a part or country of the European Union, the EU trademark will not be registered as a whole. For example, if the same trademark exists in only one Member State and is used for the same goods or services, the trademark will be rejected due to opposition from the owner of the earlier trademark.
These objection grounds are also used as EU trademarks after they are approved for registration. Reasons for invalid application.
9. What is the registration procedure for an EU trademark?
Answer: The EU trademark registration procedure uses review The program mainly consists of the following three parts:
First It is the review of the application, including whether there are consistent application dates, formal review and whether there are absolute rejection issues. At this point, create a query report. The second is announcement; the third is registration approval (including the objection review process stage.)
The first step in the procedure begins with the acceptance of the application, either directly by OHIM or through the various national industrial property offices, and includes:
Review whether the application dates are consistent and review the category of the designated trademark or service;
Send this product or service order to the European Translation Center (Luxembourg);Create an EU trademark search report and send this application to the industrial property office of the member state , search in the registration of each member state, and send all reports to the applicant or his agent;
Review of whether there are grounds for absolute rejection;
OHIM will not review the relative reasons for rejection. This review will only be conducted due to an objection filed by a third party or a cancellation application after the EC trademark is approved for registration;
The second step of the procedure is the announcement of the EU trademark registration application, which indicates that OHIM The trademark registration has been agreed.
The third step of the procedure A third party with prior rights in the trademark filed an objection. The objection must be submitted within 3 months from the date of announcement of the EU trademark application. If the applicant wins the objection, or no objection is submitted during the objection period, then the EU trademarkUnion trademark application will be approved.
Review constitutes a special procedural stage. Re-examination can be filed during the above-mentioned examination process to object to examination opinions, objections and rulings of the trademark management and legal departments. A party may file for review of a non-final decision unless the final decision permits another review. The review committee is responsible for ruling on review applications.
10. What is the EU trademark application date?
Answer: The EU trademark application date refers to the OHIM receipt By the exact date of this application (or the date of receipt by the National Industrial Property Office, including the Benelux Trademark Registration Office), the application must provide the following documents:
Applying for a request for EU trademark registration
Applicant situation
Goods or services designated by the trademark;
Trademark pattern;
From the date of receipt at OHIM or the National Industrial Property Office 1Pay the basic application fee within the month.
11. If one of the application date requirements is not met , what will be the consequences?
Answer: The application date is either later than the industrial property rights The actual receipt date of the bureau, or all will not be accepted. OHIM will issue a notice requesting additional required documents within two months. If this notice is obeyed, the filing date will be the date all supplemental requirements are met. Otherwise, this document will not be considered an EU application.
12. What is the EU trademark registration date?
Answer: The EU registration date refers to the EU trademark registration The date on which the Industrial Property Office registers the EU trademark with the Registration Department prior to the announcement. The registration date will only be granted after the registration fee has been settled. On the trademark registration certificate, the registration date is located behind "Registered in" at the lower left foot of the first page. The registration date is the beginning of the EU trademark's five-year period of use.
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