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Trademark- European Union (EUTM)

Summary

The European Union Intellectual Property Office (EUIPO) adopts Pre-Publish system. After filing an application with the European Union Intellectual Property Office (EUIPO), examiners will conduct the formality examination, and then the application will be published. If there is no opposition from owners of prior trademarks in the European Union (EU) member states during the opposition period, the European Union Intellectual Property Office (EUIPO) will issue a certificate, and the right will include all European Union (EU) member states. If an opposition is affirmed during the opposition period, the trademark registration will be cancelled.

The European Union (EU) member states: Germany, France, Spain, Italy, Netherlands, Poland, Slovakia, Sweden, Denmark, Portugal, Ireland, Finland, Austria, Czech Republic, Luxembourg, Belgium, Hungary, Romania, Greece, Bulgaria, Latvia, Lithuania, Malta, Cyprus, Estonia, Slovenia, Croatia.

Advantage

  1. One design application files with the European Union Intellectual Property Office (EUIPO) including 28 EU member states.
  2. If it is used only in a single country of the EU, it may be considered as no actual use and the trademark rights may be cancelled due to non-use.

Application Procedure

  1. Similarity search: Confirm whether there are similar trademarks or not.
  2. Submit an application to the European Union Intellectual Property Office (EUIPO): The formality examination and the distinctiveness examination, the examination period is around 2 months. Identical or similar to prior trademarks are not a basis for rejection, but the European Union Intellectual Property Office (EUIPO) will notify owners of prior trademarks to file an opposition.
  3. Publication: The opposition period is three months.
  4. Decision of grant: If there is no opposition after publication, the European Union Intellectual Property Office (EUIPO) will issue a certificate directly.
  5. A trademark registration is valid for 10 years as of the filing date, and it is renewable for periods of 10 years.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English
  2. International classification and designated goods/services
  3. Mark specimen in JPEG
  4. Power of Attorney
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