HOW CAN YOU REGISTER YOUR TRADE MARK IN THE EUROPEAN UNION?

First of all, your change mark must meet the subsequent necessities:

1.    It must be simply defined.

2.    It ought to be specific from others and have to no longer describe what you are selling.

Second, you have to comply with a four-tier machine for registering trade marks:

1.    You can protect your change mark in one EU Member State (e.G., if your enterprise is primarily based in that country, or in case you need to exchange there). In this case you document a trade mark utility immediately on the applicable country wide intellectual assets office.

2.    You can defend your exchange mark in Belgium, the Netherlands and/or Luxembourg. In this situation you record an application to the Benelux Office of Intellectual Property (BOIP), the only nearby-stage intellectual property office inside the EU.

3.    You can shield your change mark in more Member States of the EU. In this situation you observe for an EU trade mark from The European Union Intellectual Property Office (EUIPO). A unmarried registration is legitimate in all EU member states. An on line software at EUIPO charges €850 and is filed in only one language. It is legitimate for 10 years and can be renewed indefinitely each 10 years.

four.    You can use your country wide, regional or EU exchange mark software to expand your safety internationally, to any usa that may be a signatory of the Madrid Protocol.

five.     

If you make a decision to sign up your trademark inside the EU, you need to select a variation of trade mark:

Individual exchange mark – it distinguishes the goods and services of one single agency or individual from the goods and services of every other one. It can belong to at least one or extra prison entities or people. The fundamental registration price starts at € 850 (digital manner)

Collective exchange mark – it distinguishes the goods and services of a group of groups or participants of an affiliation from the products and offerings of competition. They are often used to perceive products with some similar characteristics. Only institutions of manufacturers, manufacturers, providers of offerings or traders and felony humans ruled through public law, may additionally follow for collective marks. The software fee is EUR 1 500 (electronic way).

Certification trade mark (added at EUIPO on 1 October 2017) – it’s far used to indicate that goods or offerings comply with the certification requirements of a certifying group or enterprise; it`s a sign of supervised best. Any natural or prison individual, along with establishments, authorities and our bodies ruled by using public regulation, may also practice for EU certification marks provided that such person does now not carry on a business concerning the supply of goods or offerings of the sort certified. The software price is EUR 1 500 (electronic way).

So, what`s the way to register your trade mark in the EU?

You can do it in 5 steps:

STEP 1.

You should pick a type of trade mark:

Word mark – itconsists completely of words or letters, numerals, other preferred typographic characters or a mixture thereof that may be typed.

Figurative mark – it includes non-preferred characters, stylization or layout, or where a picture feature or a color are used, which include marks that consist solely of figurative elements.                                                              

Figurative mark containing word elements* – itconsists of a mixture of verbal and figurative factors.                                           

Shape mark – itconsists of, or extends to, a 3-dimensional form. It can consist of containers, packaging, the product itself or its appearance.                                                       

Shape mark containing word factors*.                                  

Position mark – itperforms a specific way in which the mark is positioned or affixed to the product.

Pattern mark – it is composed completely of a hard and fast of factors that are repeated often.

Colour (unmarried) mark – itconsists completely of a unmarried color (with out contours).

Colour (mixture) mark – itconsists solely of a aggregate of colors (without contours)                                                  

Sound mark – itconsists completely of a legitimate or a combination of sounds.

Motion mark – it includes, or extends to, a movement or a change within the role of the elements of a mark.

Multimedia mark – itconsists of, or extends to, the combination of photos and sound.

Hologram mark – a new class of change mark (on account that 1 October 2017). It consist of elements with holographic traits. 

*NoteThese exchange mark kinds are not separate classes beneath the EU exchange mark Implementing Regulation. They are but differentiated within the e-filing for sensible and technical reasons.

If your change mark falls into one of the alternate mark classes followed by using the Office and can be presented in regular formats, you may record it as an utility without graphical presentation.

STEP 2.

You must pick out a change mark magnificence.

The European Union Intellectual Property Office (EUIPO) has followed the Nice Classification for classifying goods and services. The Nice Classification divides the products and offerings into forty five lessons.

The application price for one magnificence is EUR 850. For an extra rate (EUR 50) you can upload a 2nd magnificence, and for three or greater instructions you need to pay EUR a hundred and fifty for every elegance.

When you follow for a exchange mark you can use EUIPO on-line application bureaucracy, the Five-step shape or the advanced shape. There you could search and read thru the Harmonised Database – a listing of products and offerings. It includes terms that have already been popular by means of EUIPO and by using all country wide IP workplaces in the European Union and past. This database permits EUIPO to system your application more smoothly. Your utility could also be customary for Fast Track, it`s EUIPO’s elevated process to have your utility posted quicker. And you could additionally prepare your list before making use of the usage of EUIPO “Goods and offerings builder”, which is suggested for expert practitioners, as every now and then numerous applications need to be submitted without delay.

STEP three.

You need to test in case your exchange mark is unique and there`s no similar trade mark.

STEP four.

You must fill on your facts (names, titles, addresses, contacts)

STEP five.

You have to verify and pay for registration.

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