Full Guide to Registration and Protection
The European Trademark (EUTM - European Union Trademark) is a strong legal protection for businesses operating within the European Union. The vesting of a a single trade mark offers exclusive rights of use to 27 Member States, preventing copying and enhancing the reputation of the business. In this guide, we will look at the registration process, benefits and strategies for protecting European Trademark.
What is the European Trademark (EUTM)?;
The EUTM (European Union Trademark) is a single brand applicable to all the countries of the European Union through a single application. Managed by the EUIPO (European Union Intellectual Property Office), established in Alicante, Spain.
Which elements can be registered as a European Trademark?;
- Business names
- Logos
- Slogans and phrases
- Unique colours or designs
- Sounds and 3D elements
Why register a European Trademark?;
The registration of a trademark through the EUIPO offers significantly advantages:
- Single protection in 27 countries with one application.
- Lower costs compared to separate registration in each country.
- Legal protection and the possibility of legal action against copying.
- Preventing consumer confusion with competing businesses.
- Increase in commercial value of the business, with the possibility of sale or licensing.
How to register a European Trademark?;
The procedure for the registration of a EUTM follows specific steps:
1. Search for availability of the signal
Before applying, you need to find out if your signal is available via:
- The database EUIPO (eSearch Plus).
- The WIPO base for international trademarks.
This prevents the application from being refused on the grounds of conflict with earlier marks.
2. Selection of protection classes (Nice Classification)
Trademarks are categorised into 45 classes products and services. You must choose in which categories you want to protect your trademark.
3. Submitting an application to EUIPO
The application shall be made Online through the platform of EUIPO. Includes:
- Description of the mark (name, logo, slogan).
- Selection of the relevant protection classes.
- Details of the applicant (company or natural person).
- Payment of the relevant fees.
4. EUIPO examination and objection period
The EUIPO examine whether the trade mark meets the legal requirements and publish it for 3 months, giving third parties the right to submit objection.
5. Registration and issuance of EUTM certificate
If no objections are raised or if they are rejected, the mark shall be registered and shall be valid for 10 years, with the possibility of indefinite renewal.
Ways of protecting the European Trademark
Registering the trademark is just the beginning. To fully protect your trademark EUTM, follow these steps:
1. Monitoring violations and copying
- Use of tools brand monitoring to detect unauthorized use.
- Search in markets such as Amazon, eBay and Google Ads for fakes.
2. Object to new applications that conflict with your trademark
If a company tries to patent similar mark, you can lodge an objection at EUIPO within 3 months old from the publication of its application.
3. Legal actions against infringements
If someone is using your signal without permission, you can proceed to:
- Sending a cease and desist letter (extrajudicial notice).
- Filing a claim for compensation and termination of use.
- Request for cancellation of a similar mark from the register EUIPO.
Common mistakes to avoid
- Do not search availability before the application.
- You are not selecting the correct classes of protection, limiting the strength of the signal.
- You are not protecting the mark internationally, if you are active outside the EU.
- You do not track the market, allowing competitors to use your brand.
What DARC Advertising can do for your business
Η DARC Advertising undertakes the full registration process European Trademark, ensuring that your brand is protected in all EU countries. From the availability survey until the legal support, we offer complete solutions for the ultimate protection of your brand.
