European Trademark Registration
European Trademark Registration is the best way to protect the identity of the product, business model or service throughout the European Union.
The trademark is a very important factor in the launching strategy of a product, a service or a business model, because it is the main element with which a company identifies itself and is subsequently retained in the consumer’s mind.
Trade mark registration is the protection that grants its owner, whether a natural or legal person, the exclusive right to use the registered distinctive sign to distinguish the corresponding goods and services.
The registration of a European Union trademark (EUTM) can replace the application for registration of a Spanish trademark.
The registration of an EUTM is made after its filing and subsequent examination. The right obtained from its filing confers unified protection in all the Member States of the European Union through a single filing and registration procedure, which is carried out through the European Intellectual Property Office (EUIPO).
Its unitary nature is reflected in that the European trade mark is registered and can then be transferred, limited in classification or cancelled with effect throughout the EU.
There are different types of trade marks that can be filed in the European Union: the most classic, word marks, figurative marks and figurative marks with word elements.
Other types of trade marks that can be protected are:
- Sound, which is the right of protection granted to a melody, sound or other sound effect.
- Shape, which consists of the peculiar outward appearance, format, or workmanship of an image.
- Position, which is the specific manner in which the mark is placed or featured on the product.
- Pattern, which consists exclusively of a set of elements that are repeated periodically.
- Olfactory, which consists of the particular formula that is under a flagrance or odor.
- Movement, which consists of, or includes, a movement or change in the position of the elements of a mark.
- Color, which is the color itself characteristic for a category of goods or services.
- Multimedia, which consists of or includes a combination of images and sound.
- Hologram, a new category of mark (as of 1 October 2017). Hologram marks are composed of elements with holographic characteristics.
The EU trade mark has a duration of ten years from the date of filing of the European trade mark registration and can be renewed indefinitely for equal periods of ten years. The protection granted starts from the filing date of the trade mark.
After filing, the trade mark is examined and then published in the European Trade Marks Bulletin. From the date of publication, three months elapse within which interested third parties may file an opposition to the registration of the trade mark. If this period elapses without opposition, the trade mark will be registered by the European Intellectual Property Office (EUIPO) in Alicante.
Both the European trademark application and the European trademark registration give the holder the right to access customs protection, or to request the seizure of counterfeit goods.
For more information on filing a European Union trade mark, please contact us.