EU Trademark Law: Guide To Register Trademark In EU

The following articles shall comprehensively guide to register trademark in EU which the trademark applicant should note prior to officially filing EU trademark.

 

 

QUESTIONS ANSWERS
What is trademark rights in EU: first to file or first to use? EU is applying “first to file” system. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.

 

What is advantage of trademark registration in EU? The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

 

Definition of trademark in EU (i.e. What can be a trademark in EU)? An EU trade  mark  may consist of any  signs,  in particular words,  including personal  names, or  designs, letters, numerals, colours, the  shape  of goods or  of  the  packaging  of  goods, or  sounds, provided  that  such  signs  are capable of distinguishing the goods or services of one undertaking  from those of other undertakings;
Do we need to conduct trademark search in EU before officially filing trademark in EU? and Why? It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in EU.
What international treaties EU is a member? EU is the member of Trademark Law Treaty; Madrid Protocol; Hague Agreement.
When is opposition to trademark application in EU? Any parties have the right to file opposition against an applied trademark before it has been granted the protection
Do we need Proof of use for trademark in EU? Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim.
What rights do owners of trademark have after getting trademark registration in EU? After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.
What is term of trademark in EU? A trade mark shall be registered for a period of 10 years from the application date
What is use requirement after trademark registration in EU?

 

What actions could be considered as use of trademark in EU?

 

Could we stop validity of trademark registration certificate based on non-use for a period of time?

 

How many years of non-use?

A trademark must be used within five years after its registration. The use of trademark must be on the commercial scale in any state of EU.
Is cancellation of trademark registration in EU available?

 

What is the foundations for such cancellation?

The cancellation of trademark registration in EU is available. A trademark may be cancelled where:

– The mark that are similar or identical with the armorial bearings, flags and other state emblems.
– The mark that are conflict with the protected industrial design or geographical indication.

– The mark that are similar or identical with the well-known trademark.
– The mark is generic.
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.

– The registered trademark conflict with the earlier trademark.
– The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The marks that breach the copyright of another parties.

What are required documents for renewal trademark in EU?

 

Is grace period after renewal date allowed?

There are no required documents for renewing the certificate of trademark registration in EU. The grace period is 06 months from the expire date of the trademark registration.
Is customs record of trademark registration available in EU? The trademark registration may be recorded on customs data but it is not automatically mechanism. The owner of trademark is required to follow the procedure set out by each Custom authority of each state in EU.

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