The today global market badly needs more protection of your brand than ever. If your company wishes to operate or expand in Europe, the European trademark registration provides an easy route to copyright a brand across countries. A European trademark, also referred to as an EU trademark or EUTM, is a single trademark that gives protection throughout all the European Union member states. This means the trademark owner of a registered EUTM has full ownership over the trademark in the entire EU region; thus it is a powerful tool for companies that intent to enter this region of Europe.
Among the benefits received by filing for the European trademark, one of the benefits is that it provides the protection of several countries in only one application. The application for an EUTM can directly be made with the European Union Intellectual Property Office, EUIPO, instead of making a registration in each member state of the European Union. This procedure saves considerable time and costs associated with administrative support. Moreover, registration of a trademark in Europe allows for the creation and strengthening of brand reputation. A registered trademark serves as an identification badge. It makes the determination of goods and services origin quick and simple for consumers. This further creates customer loyalty and confidence, which can effectively be translated into selling numbers and market share.
The registered European trademark is a solid security for the misuse of the mark. If someone wants to make use of a similar mark, which may lead to the confusion of the consumer, you have the legitimate right to issue a complaint. This protection is essential for defense purposes in maintaining your brand and avoiding losses that may incur based on the infringement. Trademarks also appreciate in value with time, and therefore, a registered European trademark can significantly add to the overall worth of your business. If you decide to sell or license your business or trademark, a registered mark may add to its marketability and financial value. For businesses which intend to extend their business into countries away from Europe, a registered EUTM will serve as a perfect Launchpad for registration of international trademarks since many countries regard the EUTMs in protection of trademarks.
Knowing how to register a trademark in Europe will help a company protect its brand name in Europe. The first action to be undertaken would be conducting appropriate searches to find out if a trademark sought after or meant is already in use. Also, the EUIPO provides a free online search tool, eSearch Plus. You can use it to confirm whether your trademark is already in existence. This search helps avoid any possible overlap and gives more opportunities for a successful application.
Having checked that your trademark is available, you are ready to prepare your application. Various details will be requested in the application, including the name or logo that you wish to register, a description of the goods and services associated with the trademark, and specific classes of goods and services that you would want to register. EUIPO makes use of the classification of Nice, where the goods and services are divided into several classes, thus further selecting classes for broad protection.
You then apply online through the EUIPO website. The cost of making an application varies depending on how many classes you wish to register under, so check the fee structure before you apply. Once the application is made, the Office will examine the application, which normally takes around four months. This is when the EUIPO checks if your trademark is in conformity with the requirements provided for by the legislation and cross-checks with other trademarks that may have a conflict or overlap to your trademark.
When this scrutiny approves your application, it will then be published in the European Union Trademark Bulletin. The publication of your trademark will automatically invoke a three-month period of opposition during which third parties may oppose your trademark registration if they perceive any confusion between the rights which pre-date this date and your trademark. The moment no oppositions are filed, or if oppositions are settled in your favor, your trademark is registered. The registered trademark holders will then be issued a certificate, which guarantees them exclusive rights to use the mark throughout all the EU member states for ten years. A registration can be renewed infinitely for additional ten-year periods following renewal fees.
A trademark should be placed in commerce after registration. Failure to use your trademark for five consecutive years puts it at risk of cancellation for lack of use. Always be on your toes watching out for potential infringements against your registered trademarks and maintaining your rights as a trademark owner. You may need to consider international implications in registering your trademark if you ultimately intend to expand your business outside of Europe. For example, under the Madrid Protocol, it becomes more straightforward and easier to acquire trademark registration in more countries using just one application. Thus, if you already have a registered EUTM, you can use this as the basis for claiming protection in more jurisdictions.
Conclude the above response: Getting into the basic process of European trademark registration is an essential step for businesses to protect their brand identity in the EU. A registered EUTM is very valuable as it provides single protection across several countries, increased brand recognition, and substantial legal protection against infringement. If a person has to file for trademark registration within the European region, help can be found through resources such as The Trademark Helpline. As you learn more about the value of registering an EUTM and how one achieves it, you will succeed in best protecting your brand and developing a firm European footing.