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Lawyer registering a European Union trademark - Comprehensive trademark protection throughout the EU Aschau
Trademark law services
Register a European Union trademark – Comprehensive trademark protection throughout the EU
A European Union trademark provides you with uniform trademark protection in all 27 member states of the European Union – with a single application. This significantly reduces administrative burdens and enables a cost-effective protection strategy, especially for companies operating in multiple EU countries. An EU trademark application is filed with the European Union Intellectual Property Office (EUIPO).
Similar to a German trademark, a European Union trademark is registered only for specific goods and services. Incomplete applications or formal errors, particularly in the classification of goods and services, will result in a notice of objection from the EUIPO. In such cases, the application may not be considered filed until a later date or may even be rejected entirely. Furthermore, the application fees are non-refundable in the event of rejection.
Our trademark lawyers will assist you in registering your European Union trademark and ensure that your trademark is optimally protected in all 27 EU member states. With our expertise, we ensure that all requirements are correctly met.
How does the EU trademark application work? – An overview
A European Union trademark application is filed with the European Trademark Office (EUIPO). Here are the individual steps you should follow for a successful application:
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trademark search
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Before you apply for a European Union trademark, it is crucial to ensure that no identical or similar trademarks are registered in the European Trademark Register.
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A thorough trademark search will help you avoid potential conflicts and increase your chances of a successful registration.
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Submit registration
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You can register your EU trademark online via the EUIPO platform.
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Filing electronically is simple and efficient, and the EUIPO provides a user-friendly interface for the filing process.
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Examination by the EUIPO
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After you have submitted your application, the European Trademark Office will check whether your trademark meets the legal requirements, such as distinctive character and compliance with formalities.
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publication
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After successful examination, your trademark will be published in the European Trademark Register.
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This publication gives third parties the opportunity to object to the trademark application if they believe that their earlier trademark rights are being infringed.
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registration
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If no objections are filed within the opposition period, your trademark will be registered and you will receive legal trademark protection throughout the European Union.
Applying for an EU trademark can be complex, but with the support of our trademark lawyer, you can ensure your trademark is registered professionally and efficiently. We will guide you through the entire process and help you avoid potential pitfalls.
Comprehensive list of goods and services for your trademark application – What you should consider
Creating a list of goods and services for trademark registration is often a daunting task for both laypeople and attorneys who aren't specialized in trademark law. Striking the right balance is crucial to avoid future problems.
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The correct representation of your activity
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The directory must not only accurately reflect the applicant’s current activities, but also take into account potential future activities.
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After registration, the trademark applicant has a grace period of five years during which he or she is not required to use his or her trademark.
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However, trademark applications cannot be changed or supplemented after they have been filed.
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If an important class or product is forgotten, a new trademark application must be filed or trademark protection will not be guaranteed in this area.
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The risks of too broad a selection
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It is important to be careful when selecting goods and services in the directory.
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If too many classes are included, the risk increases that third parties with older rights will object to the trademark application.
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It should also be noted that after the five-year grace period for use has expired, third parties may file an application for cancellation if the trademark has not been used or has not been used in full.
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Our support with trademark registration
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Our trademark attorney will help you create a comprehensive and accurate list of goods and services that protects your rights in the long term and minimizes potential risks.
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We ensure that your registration covers all relevant goods and services while complying with legal requirements.
Contact us for comprehensive advice on trademark registration and the list of goods and services!
Trademark search before filing a European Union trademark application – an essential step
Before applying for an EU trademark, it is crucial to conduct a thorough trademark search. This checks whether there are any prior trademark rights that could conflict with the trademark application. The EUIPO (European Union Intellectual Property Office) does not conduct this check ex officio, so it is the applicant's responsibility to identify potential conflicts early on.
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Which signs can conflict with an EU trademark?
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Not only EU trademarks can be opposed, but also national trademarks from the 27 EU Member States, IR trademarks with protection in the EU as well as unregistered trademark rights such as company logos and company names.
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Similar trademarks or signs that could cause confusion also pose a risk.
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Why a comprehensive trademark search is important
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Earlier trademarks or signs may oppose the application for your EU trademark if there is a likelihood of confusion.
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An opposition may be filed with the EUIPO within three months of the publication of the trademark application.
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If the opposition is successful, the trademark will not be entered in the trademark register and the application will be rejected by the EUIPO.
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Protect your brand in time
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A thorough trademark search before filing can avoid costly mistakes and delays.
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Our trademark lawyer will assist you in conducting a comprehensive trademark search to identify potential conflicts with older trademarks at an early stage and to register your European Union trademark securely.
Contact us now for a professional trademark search and ensure that your EU trademark is successfully registered without any legal obstacles!
Examination of absolute grounds for refusal – How your EU trademark is legally protected
In order for a European Union trademark to be registered by the Trademark Office, it must have the necessary distinctive character and, in particular, must not be descriptive of the goods and services for which registration is sought.
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The EUIPO will examine ex officio whether these requirements are met. If the EUIPO considers the trademark to be descriptive, the trademark application will be rejected and the application will not even be published.
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Why it is important to have a lawyer review your application
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The decision as to whether a trademark is descriptive or non-distinctive is often ambiguous. Therefore, it is advisable to seek advice from a lawyer specializing in trademark law before filing an EU trademark application.
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In some cases, a descriptive word mark can still be made protectable by converting it into a word-figurative mark.
Our trademark attorney will assist you in assessing the distinctive character of your trademark and, if necessary, consider alternative protection options such as a word-image mark to successfully register your trademark. Contact us today for legal advice on trademark registration and protect your trademark against potential obstacles to registration!
Costs for registering a European Union trademark – What you should consider
The costs of registering a European Union trademark depend on the number of classes of goods and services you choose for trademark protection.
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Here is an overview of the EUIPO fees:
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Basic fee: 850 € for first class
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Additional fee: 50 € for the second class and 150 € for each additional class
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These fees cover trademark protection for a period of 10 years.
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After this period, trademark renewal fees can be paid to continue protecting your trademark.
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The more classes you choose, the higher the cost.
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However, it is important to select the right classes to ensure that your trademark is protected in the relevant areas.
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Our trademark lawyers will advise you on selecting the appropriate class for your trademark and making your registration cost-effective.
Contact us for detailed advice on the costs and registration process for your European Union trademark!
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