Recently, the UK has voted to leave the European Union. One of the things you can do to protect your trademark rights in the EU is a trademark EU search. In this blog, we’ll cover what a trademark search is and how it can help you with your trademark application. We’ll also discuss how to trademark a name and the role of the EUIPO in the trademark process.
What type of trademark search EU are there?
A trademark search is a process of conducting a trademark search on the EUIPO database to check if a mark is already registered or not. Trademark examiners at euipo.com do not issue objections based on identical or similar trademarks when examining trademark applications.
Trade mark searches can be carried out in two ways: by searching trademark databases and by checking EUIPO’s trademark database. A trademark search is recommended to determine if the desired trademark is available for registration.
A trademark registration in the EU can be done through the EUIPO system or through the national trademark office(NTO). Third parties from any EU country can file an opposition against the registration of your trademark application. It is possible to convert an existing EU trademark into several national applications to exclude countries that are causing problems. Overall, a trademark search is a convenient way for ensuring that no unregistered trademarks are being used in your brand’s name.
Basic Trademark EU Search
A trademark search is a crucial step in the trademark application process and an essential tool to protect your intellectual property rights. Trademark Search services provide a range of services to conduct trademark searches, with various fees and search options. They can cover all relevant information about previously registered conflicting trademarks and help you decide whether or how to proceed with a trademark application.
To ensure accurate and thorough searches, it is recommended that you use a trademark search service that covers all relevant information about previously registered conflicting trademarks.
Additionally, trademark search services may offer a flat-rate fee for their services, with additional fees for figurative elements such as logos.
Extended Trademark EU Search
An extended EU trademark search covers a range of additional information that a basic trademark search does not. For instance, it can look for trademark conflicts, with the possibility of filing a trademark application to avoid them. A trademark registration in the EU can be applied for at the European Union Intellectual Property Office (EUIPO).
Trademark searches can be conducted in all 27 EU registries, with an identity search and classification of goods and services. The official fees for trademark registration in the EU is €850 for the first class and €50 for the second class, with €150 for each additional class. All these features make an extended trademark search an efficient way to ensure that a trademark is properly protected.
How do you register a trademark in the European Union?
To register a trademark in the European Union, applicants must file a trademark application directly with the European Union Intellectual Property Office (EUIPO). The trademark must be new to distinguish the goods of one company from another, and it must be able to be presented in graphic form. Applicants may file multiple-class applications, but each class must contain a mark that is equally distinctive and has a distinctiveness sufficient to justify protection under Article 24 of the EU Trademark Regulation.
For example, two different trademarks for “beer” would fall under “services relevant to beer” because they are equally distinctive. Applicants should use their trademark in commerce as much as possible during the registration process to demonstrate its distinctiveness. They should also make sure that their trademark isn’t being used by another applicant or registered with a similar mark anywhere else in the world.
In addition to filing an application with EUIPO, applicants should also conduct trademark searches and take trademark advice from an intellectual property lawyer before filing their trademark application. This will help them ensure that their trademark application is compliant with EU trademark law and can be accepted by EUIPO.
How do you trademark a name in the EU?
Registration of a trademark in the European Union is a legal process through which you can protect your intellectual property and brand name. It involves filing an application with the EUIPO, a member of the World Intellectual Property Organization (WIPO). The process includes submitting drawings of the trademark, trademark symbol, and any other relevant trademark information to the office.
The office will then check whether it conflicts with existing trademarks or any other intellectual property owned by others. If it passes this test, you will receive a registration certificate. Once the trademark is registered, it becomes legally protected in member countries as well as any territories associated with those countries under that particular trademark registration.
The application for a trademark in the EU is submitted online or by downloading forms from their website at euipo.europa.eu. International trademark registration, on the other hand, is also available.
EU trade mark registration not only protects your intellectual property but also provides public recognition and protection for your brand name. In addition to a registration certificate, you will also get access to various services such as searchable databases of trademarks and trade dress, handling of applications and renewal of registrations, and more.
It’s worth noting that trademark registration does not guarantee exclusive rights to use a trademark in any particular country or territory in the internal market. However, it does provide legal protection for your intellectual property and brand name across different countries/territories in harmonization across the EU.
The EUIPO and it’s role in trademarks in the EU
The European Union Intellectual Property Office (EUIPO) is the EU agency responsible for managing trade marks and registered Community designs across Europe. When a trademark application is filed at the EUIPO, it validates protection in all EU countries. This includes trademark registrations in member states.
Under the Trademark Regulation, applicants can apply for EU trademark registration at the EUIPO to gain protection in all EU countries with just a single application. Trademarks registered with the EUIPO are valid for an initial 10-year period and may be renewed indefinitely. In addition to trademark registration, applications for trademark registration can also be made online through euipo.org.
Trademarks are vital for promoting brands and protect intellectual property rights in a cost-effective and efficient manner. The trademarks office ensures that there is no conflict between trademark applicants over similar marks or logos.
Frequently Asked Questions
How do I search for a trade mark in the EU?
To register a trademark in the EU, choose from three options: national trademark, EUIPO, or Madrid System/BOIP. Ensure your trademark is new and complies with IP laws. Customs monitor for counterfeit brands to protect owners from unauthorised use.
What countries are covered by an EU trademark registration?
An EU trademark registration grants the holder recognition and protection in all 27 member states of the European Union, which includes countries like Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Additionally, it protects your trademark in all the territories associated with these member states such as Aland Islands (Finland), Guadeloupe (France), French Guiana (France), Martinique (France) and Reunion (France), Azores (Portugal) and Madeira (Portugal) plus Canary Islands and Ceuta and Melilla (Spain).
A trademark search is a critical first step to trademarking in the EU. It is also important to ensure that your trademark application passes the examination and registration stages. To learn more about trademark searches in the EU, you can get a free consultation with one of our team. Act now before you lose your international brand protection.
Written by Ellis Sweetenham – Senior Intellectual Property Law Consultant
After achieving a First Class LLB Law degree from Southampton Solent University in 2016, Ellis went on to complete an LPC LLM in Legal Practice in 2017 at the University of Law. Following her training, Ellis was admitted to the roll as a Solicitor in February 2019.
As part of her role as a Senior Intellectual Property Law Consultant, Ellis manages the team, and is there to advise all clients on any area of trade mark law. Ellis prides herself on her ability to act within her clients’ best interests at all times, pushing forward to assist them in ensuring their brand is fully protected. In addition to assisting Trademarkroom clients in protecting their brand, Ellis will also be on hand as part of her role as a Solicitor at sister company Lawdit Solicitors to assist with any contentious matters that may arise.