The upshot of this is that you need to pay for each of these individual applications and maintain the administration for them separately. In such a case, your trademark cannot be registered. In this case, this risk is lessened somewhat by the fact that an EU trademark can be converted into separate national applications. If you would like to learn how Lexology can drive your content marketing strategy forward, please email firstname.lastname@example.org. The EU is a large area, after all, so the likelihood of disputes is relatively large. There are, however, also some extra points that require attention when using and monitoring an EU trademark: If you have a registered trademark, you must use it. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. This study, by the Max Planck Institute for Intellectual Property and Competition Law, was a contribution to the Commission’s review of the functioning of the trade mark system in Europe. The costs for the EU trademark application are not refunded. The official fee for registration of a EUTM in one class of goods and services is EUR 850. This saves you time and a lot of administrative hassle. It is wise to thoroughly appraise in advance the probability of your trademark actually being registered. In April 2015, the European Parliament, the Council and the Commission reached a provisional political agreement on this reform. You can monitor the process yourself via the WIPO Madrid Monitor. If your trademark meets all the requirements, then the EUIPO registers the trademark. What is cheaper – let’s say how much does EU registration cost versus three national registrations in the Baltics? Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Will it be valid in the UK after possible Brexit? But if a national trademark registration is revoked or cancelled, it will be revoked or cancelled only in the particular country, so if you have several national trademark registrations the other registered trademarks will remain unaffected. What happens to a EU application if it is rejected in one of the countries? An IP professional can assist you in this regard. Remember that with an EU trademark, you need to be monitor your trademark rights are not being infringed in any EU country, and if necessary to take defensive action. Therefore registration time for a EUTM can be from 4 months to 2 years. What do I do? A mark must also comply with certain other requirements, for example, it must be a distinctive meaning so that it cannot be descriptive of goods and services that it is registered for. Internal Market, Industry, Entrepreneurship and SMEs, Electrical and Electronic Engineering Industries, Raw materials, metals, minerals and forest-based industries, Textiles, Fashion and Creative Industries, Strategic Policy Forum on Digital Entrepreneurship, Industrial applications of artificial intelligence and big data, Advanced technologies for industry support and tools, European Observatory on Infringements of Intellectual Property Rights, MoU on the sale of counterfeit goods on the internet, Protection of biotechnological inventions, Industry 2030 High Level Industrial Roundtable, Cooperation with regions and international bodies, CP-DS: Legislation on substances in construction products, EDEN - European Destinations of Excellence, European Sustainable Chemicals Support - Self Assessment Tool, Noise emissions for outdoor equipment - Database, Public procurement - ex-ante assessment of large infrastructure projects, Small Business Act - database of good practices, European Union Intellectual Property Office (EUIPO), Directive (EU) 2015/2436 to approximate the laws of the Members States relating to trade marks, Regulation (EU) 2015/2424 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), European Parliament and EU Council back European Commission trade mark reform package, Commission proposes easier access and more effective Trade mark protection, March 2013, Modernisation of the European Trade Mark System, Proposal for a Regulation amending Council Regulation (EC) No 207/2009 on the Community trade mark, Proposal for a Directive to harmonise laws in EU countries relating to trade marks, Study on the Overall Functioning of the European Trade Mark System, 8 March 2011, Council Regulation (EC) no.
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