Eu registration
Trademark frequently asked Questions(European Community Trademark)
1. What is it
Eu trademark?
A:
Eu trademarkIt is a mark registered by OHIM (Office for the Harmonisation of the Internal Market) in accordance with the conditions set out in the CTMR (European Community Trade Marks Regulation), which is valid within the European Union and is used to identify and distinguish goods or services.
2. How to understand
Eu trademarkThe unity of...?
A:
Eu trademarkIts application for registration is valid throughout the European Union. Trademark applications and their corresponding registrations are automatically extended to all 25 Member States. It is not possible to restrict geographical protection to a few Member States. Moreover, the European Union
Trademark registrationThere is a registration process controlled by OHIM without the involvement of the various national industrial property offices. Plus, any one
Eu trademarkThe invalidation, rejection or expiration of the treaty will apply throughout the European Union. And finally,
Eu trademarkIs a single property. It can only be transferred as the property of the EU as a whole, not individual member states. However, some trademark licenses with geographical or other restrictions, or even licenses limited to a particular member State, may be permitted.
3.
Eu trademarkWhich of the 25 member countries are currently covered?
A: 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, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia.
4.
Eu trademarkBeyond the trademarks of individual member States?
A: The European Union
Trademark registrationSystem for its member states
Trademark registrationThe system does not have any impact (including the trademark system of Belgium, the Netherlands and the Netherlands). Companies are free to apply for individual member states
Trademark registrationOr European Union
Trademark registrationYou can also apply for both. A large number of existing trademarks that have been registered in member States are still valid. Is completely dependent on
Eu trademarkThe protection is still obtained simultaneously by member states trademark and
Eu trademarkThe dual protection depends entirely on the strategic needs of the trademark applicant and owner. But if the member states
Trademark registrationIn advance of
Eu trademarkIn the case of the registration of the trademark, the Member State has the prior right and vice versa. The industrial property Office of the member State does not take the initiative to review the prior right. Only the prior right owner can make a request, that is, through the EU
Trademark announcementWithin 3 months from the date of filing an objection, or in accordance with the relevant regulations in the European Union
Trademark registrationAfter the application it is invalid.
(5) If the reason for the rejection of an application relates only to one Member State, are there generally applicable principles regarding such rejection?
A. Yes. The industrial property offices of the member States will reject
Eu trademarkEven if the reasons for its rejection apply only to that part of the Member State. For example, if a trademark contains a trade name in one of the official languages of an EU member State, the industrial property Office of that member State will reject the application. Prior registration rights affect the registration of Community marks, even if such prior rights exist only in one EU Member State. But the implications of this should not be exaggerated. It is uncommon for a trademark to be rejected because it contains a generic name that is not distinctive, descriptive, or uses one of the official languages of the EU (not one of the world's main trade languages). If the prior right exists only in one Member State, then there is no doubt that this prior right will not result in a later application to the EU
Trademark registrationAnd become ineffective. The procedures for filing objections and invalidating prior rights at OHIM provide sufficient scope for the proper resolution of such issues. Finally, the rejected or declared invalid or annulled EU
Trademark registrationThe application may be changed in all the various EU Member States where the grounds for rejection do not apply
Trademark registrationApply. Trademark applications in these member States also enjoy
Eu trademarkThe date of application.
6, whether the European Union
Trademark registrationOn the basis of the Madrid Protocol
International registration? Adopted the Madrid Protocol
International registrationWhether the trademark can be approved in the EU
Trademark registration?
A: For now, the answer to both questions is no. The EU is not yet a signatory to the Madrid Protocol. Although the European Commission has linked the EU to the Madrid Protocol and to amending the CTMR
International registrationTwo matters are on the agenda and the European Council has yet to make a final decision.
7. What kind of mark can be registered as
Eu trademark?
A:
Eu trademarkIt may include any mark, in particular text, represented by a diagram, including names, designs, letters, numbers, the shape of goods or the appearance of their packaging, provided that the mark distinguishes one use of goods or services from other uses.
Therefore, the following marks may be used to register as trademarks:
- Word marks include letters, numbers, or combinations of letters, numbers, and words;
- Graphic marks with or without text;
- Color graphic marks;
- Color or combination of colors;
- three-dimensional marking;
- Sound markers;
- The trademark application must include a chart of the trademark being applied for.
8, which marks can not be used
Eu trademarkRegister?
A: Although some marks meet the definition of a trademark, they cannot be registered as such if there is an absolute reason for rejection
Eu trademarkThat is, if this flag:
- does not have any distinctive characteristics;
- refers specifically to the type, quality, quantity, use, value, place of origin, date of production or date of provision of services, and other characteristics of goods or services;
- has become customary in the current language or in the existing and common practice of commerce;
- Contrary to public policy or accepted moral norms;
- of a nature that deceives the public, such as a false description of the nature, quality or origin of goods or services; .
- There are absolute grounds for rejection regarding the shape of the product, the origin of the alcoholic beverage or certain official symbols.
- Certain trademarks can be distinguished by their use.
In addition, a trademark that has been rejected because of an objection cannot be accepted as a trademark in the European Union
Registered trademark. The prior right holder should be in the European Union
Trademark announcement3 months from the date of submission of objections. The following circumstances constitute a prior right:
previous
Eu trademarkOr apply;
- In the first place of a single EU member state
Trademark registrationOr registration application;
- Valid in Member States of the European Union on the basis of the Madrid Agreement or the Madrid Agreement
International registration;
- For trade purposes, valid in multiple member States
Registered trademarkOr other markings;
- In a member state
Well-known trademark(Pursuant to Article 6 of the Paris Convention).
- One European Union.
Trademark registrationIf the applied mark is identical or similar to the earlier mark and is used on the same or similar goods
Trademark registrationThe application will be rejected; If the applied trademark is identical or similar to the EU prior trademark and is used on the same or similar goods, there is a possibility of causing some public confusion, including the possibility of being linked to the prior trademark
Trademark registrationThe application will be rejected; If the applied trademark is identical or similar to the EU prior trademark, but the goods used are different, if the earlier trademark has a certain reputation and its distinctiveness or reputation would be subject to unfair competition and damage as a result
Trademark registrationThe application will be denied.
It should be noted that the rejection factor exists in any EU part or country, then this
Eu trademarkWill not be approved for full registration. For example, if the same mark is used for the same goods or services in only one member State, then the mark will be rejected due to the objection of the previous trademark owner.
These grounds for dissent are also used
Eu trademarkReasons for invalid application after approval of registration.
9.
Eu trademarkWhat is the registration procedure?
A: The European Union
Trademark registrationThe procedure is a review procedure, which mainly consists of the following three parts:
The first is the examination of the application, including whether there is a consistent application date, formal examination and whether there is an absolute rejection. At this point, the query report is created. Second, the announcement; The third is the approval of registration (including the objection assessment procedure stage).
The first step in the process begins with the acceptance of applications, either directly by OHIM or through the various national Industrial property offices, and includes:
- Review whether the application date is consistent, the application for the class of trademark or service examination;
- Send this order of goods or services to the European Union Translation Center (Luxembourg);
- Building the European Union
Trademark inquiryReport, send this application to the industrial property Office of the Member State, check in the registration of the Member State, send all reports to the applicant or his agent;
- A review of whether there are grounds for absolute rejection;
- OHIM does not review the relative grounds for rejection. This examination will only be carried out as a result of an objection filed by a third party or an application for revocation of a Community mark after it has been granted registration;
The second step in the process is the European Union
Trademark registrationThe announcement of the application, which indicates that OHIM has agreed to the
Trademark registration.
In the third step, a third party with prior rights in the procedure raises an objection. Objection shall be made in
Eu trademarkThe application shall be submitted within 3 months from the date of announcement. If the objection is decided in favor of the applicant, or no objection is filed during the objection period, then this
Eu trademarkThe application will be granted.
A review constitutes a special procedural phase. The review may, in the course of the above review, raise objections to the review opinions, objections and rulings of the trademark administration and legal departments. In the case of a party, a review of a non-final decision may be filed unless the final decision permits a separate review. The review committee shall be responsible for reviewing the ruling on the application.
10. What is it
Eu trademarkThe filing date?
A:
Eu trademarkThe date of application means the exact date on which this application is received by OHIM (or by the National Industrial Property Office including the Benelux)
Trademark registrationThe date of receipt), the application should provide the following documents:
- EU application
Trademark registrationrequest
- Applicant status
- Goods or services designated by the trademark;
- Logo design;
- Pay the basic application fee within 1 month from the date of receipt by OHIM or the State Industrial Property Office.
11. What will happen if one of the application date requirements is not met?
A: The application date is either later than the actual receipt date of the industrial Property Office, or it will not be accepted at all. OHIM will send a notification requesting additional documents within two months. If this notice is complied with, the date of application will be the date on which all supplementary requirements are met. Otherwise, this document will not be considered an EU application.
12. What is the European Union
Trademark registrationWhat's the date?
A: The EU registration date refers to the EU
Trademark registrationPrior to the announcement, the industrial Property Office shall register with the Registration Department
Eu trademarkThe day of... The registration date will only be registered after the registration fee has been settled. in
Trademark registrationOn the card, the registration date is located at the bottom left of the first page
"Be registered in
"The back of. Registration date is
Eu trademarkThe start of a 5-year usage period.
Eu trademarkGrant the right only in
Trademark registrationAgainst the third party from the date of announcement.
13. Can I request the withdrawal of my EC trademark application and then change my mind?
A: No. Once a request for revocation has been received by the Industrial Property Office, the revocation application cannot be changed.
14. Does the Industrial Property Office conduct inquiries on identical or similar trademarks?
A: The Industrial Property Office should not make inquiries on individual requests. This service is provided by for-profit enterprises. For each
Eu trademarkTo apply, the Industrial Property Office will issue an EU inquiry report during the registration process. This report will list the same or similar goods or services used on the same or similar goods or services
Eu trademarkAnd the European Union
Trademark registrationApply. This report is sent to the EU together with the inquiry reports of the industrial property offices of the 10 member States (France, Germany and Italy are not part of the system)
Trademark registrationThe applicant.
The Industrial Property Office has 25 licensing bodies that can receive data on EC marks, some of which have agreed to be included in the list to provide enquiry services.
15. What is the European Union
Trademark registrationBook?
A: The European Union
Trademark registrationThe Register is a database containing details of all trademarks registered with the Industrial Property Office. The register is constantly updated to record any changes, such as transfers of ownership, changes of name and address, licenses. The register may be reviewed upon written request and payment of a fee.
16.
Eu trademarkShould I apply for a nominal change or a transfer of ownership?
A: It depends on whether the national law of the owner regards the situation as a nominal change or a transfer.
17, is it allowed to change only part of the goods or services?
A: Yes, but it must be due
Eu trademarkThe application will be rejected or withdrawn for these goods or services.
18. If transferred
Eu trademarkTo someone who is not entitled to possess under Section 5 of the CTMR
Eu trademarkWhat should I do?
A: Such transfers will not be approved and the assignee cannot be registered in the EU
Trademark registrationIt's in the book.
19. Do I need a transfer agreement to apply for transfer?
A: Just submit a simple application signed by both parties, which can be signed by a professional agent if there is one. Parties are not required to submit an agreement.
20.
Eu trademarkAll people can be one more class
Trademark registrationBreak it up?
A: No. However, the owner can achieve the same result by partially transferring his trademark (for example, transferring one of the classes).
21. What is the time limit for filing an objection?
A: The objection application needs to be filed in
Eu trademarkThe application shall be submitted within 3 months from the date of announcement. Official announcement day is the indicator note in the EU
Trademark announcementThe date on the cover. The objection application and the objection fee shall be submitted to the Industrial Property Office within the objection period.
22. One European Union
Trademark registrationApplication, the trademark is very similar to the trademark registered in a Member State, as a precautionary measure, can the trademark before the publication of the objection?
A: No. CTMR provides a deadline for submission of objections
Trademark announcementWithin 3 months from the date. If this deadline is not met, the objection filed will be void.
23. The European Union
Trademark registrationWhat's the best thing about it?
A: The European Union
Trademark registrationAdvantages: The cost of trademark registration is low, if approved to apply for registration, the effect of exclusive trademark rights throughout 25 countries.
European Union
Trademark registrationDisadvantages: Because there are 25 countries, the probability of trademark refutation is relatively increased.
European Union
Trademark registrationintro
The UK, Germany, France, Italy, Spain and other EU countries have recently introduced a trademark system that applies to all 15 EU countries. The European Union in Alicante, Spain
Trademark officeIt was opened on 1 January 1996
Eu trademarkApply.
Eu trademarkThe protection period is 10 years, which can be renewed, and the protection period of each renewal is 10 years.
Eu trademarkApplicants are not limited to nationals of EU Member States, others such as the Paris Convention, the World Convention
Intellectual propertyNationals of WIPO member States may also apply.
Eu trademarkpeculiarity
Eu trademarkHave the following characteristics:
(1) Low cost. You only need to apply for registration once to use the trademark throughout the 15 member States of the European Union. Significantly reduced costs compared to filing separately in each member State;
(2) Centralized protection procedures. A piece of
Trademark registrationIt is protected by 15 EU member States and rulings in trademark cases will be enforced in all EU countries;
(3) A registered trademark may only be used in one EU country. The use of the mark in any country of the European Union is sufficient to counter an application for revocation on the grounds of non-use of the mark;
(4) Enjoy the priority of the Paris Convention. The same mark used in the name of one or more designated goods or services may enjoy priority in the application for a Community mark six months after the application by a State party to the Paris Convention;
(5) has been published in a Member State of the European Union
Registered trademarkIn the application
Eu trademarkCan request priority.
(6) Not only traditional trademarks such as words and logos can be registered, but also new trademarks such as sound, smell, product appearance and structure can be applied for registration;
(7) A trademark application may cover a maximum of 3 classes of goods or services, and for more than 3 classes, additional fees shall be charged for each class.
Eu trademarkRegistration procedure of
Eu trademarkThe basic registration procedure is as follows:
1. Applicant to the European Union
Trademark officeOr EU member states
Trademark officeMake an application;
2. The European Union
Trademark officeNotify the trademark authorities of each Member State of the application for national trademark examination;
3. After the review is passed, a three-month announcement will be made. During this period a third party may raise any objection;
4. If there is no objection from a third party, the applied trademark shall be approved for registration within one year.
5. It takes 12-15 months
Trademark retrieval
Due to the European Union
Trademark registrationThe number of countries covered leads to a large number of potential trademark opponents. Therefore, the company strongly recommends applicants in presenting in Europe
Trademark registrationBefore applying, conduct a trademark search to determine whether there is a match
Registered trademarkThe same or too similar trademark has been registered by a third party, and avoid unnecessary losses.
Materials required for trademark application
The applicant provides the following materials:
1) Company name and address (Chinese and English);
2) The international classification of goods/services and the list of goods/services designated for use;
3) Copy of business license;
4) 5 copies of trademark pattern, clear, good paper quality. For color trademarks, you need to submit 1 black and white draft, 5 color draft;
Specifications shall not be less than 5cm×5cm, and the maximum shall not exceed 10cm×20cm;
5) Power of attorney (provided by the company, but signed by the applicant).
Trademark registrationexpense
Step 1: Search (selective nature)
Check USD300 per trademark category
Step 2: Apply for trademark registration
One to three trademark classes USD2,100; Additional USD600 per category
Step 3: Trademark application certificate
One trade mark class USD2100; Additional USD600 per category.
Trademark registrationPayment time and procedure
The client shall pay the cost of each step of the work before the Agency carries out the work.