When Should You Apply for Trademark Registration in the EU?

A trademark is critical in running a successful business because it protects your brand. It distinguishes your goods or services from your competitors. Trademarks ensure that nobody can copy your brand, and you can sue anyone who uses your trademark without your consent. Businesses must also clearly define what a trademark covers. 

However, not all brands haven’t applied for trademark registration. So when should you file for trademark registration in the EU? 

This article will tackle when businesses should apply for trademark registration, the types of trademarks you can register, the steps in applying for trademark registration, and how we can help you. 

When Should Businesses Apply for Trademark Registration?

We suggest you apply for your brand’s trademark registration once you’ve developed the goods or services and offered them to the public. The trademark registration will grant you the exclusive right to offer those products or services. 

What Are the Trademarks Suitable for Registration in the EU?

This section will tackle the types of trademarks eligible for registration in the EU. 

Word Mark is a word or a combination of words, letters, and numerals that you can type without any design. On the other hand, a combined mark is words, letters, or numbers mixed with a design. However, a figurative mark only consists of a design. And others are shape marks with or without word elements, patterns, and colour (single or combination) marks. 

How to Apply for Your Brand’s Trademark Registration

After discussing when to apply and what trademarks are eligible for registration, let’s look at three options for trademark registration. 

You may apply for trademark registration at your local Patent Office if you have a local business. For example, Estonian business owners can file applications online with an Estonian ID card or e-Residency ID card. On the other hand, British company owners can file an online application to the Intellectual Property Office. 

If you have a business within the EU, you can file your application in the European Union Intellectual Property Office. You can also file for an application online. 

But if you have a worldwide business, you must apply for trademark registration at the World Intellectual Property Organisation. You can apply at the local Patent Office. 

How Long Is the Filing Process in the EU?

Filing in the EU takes about three to five months. The first part is the examination stage, where the EUIPO will appoint an examiner to create a report. The report will identify if there are issues with the mark. If the mark or class specifications don’t have any objections, it will proceed to the publication stage. 

They’ll publish your application in the Trade Marks Journal for three months, allowing earlier mark owners to challenge your trademark application if it infringes their earlier rights. If earlier mark owners challenge the application, the office will delay your registration until the office decides on the opposition. 

However, if there are no objections during the three-month window period, you can proceed to trademark registration. 

How the Trademarkroom Can Assist You

Before filing for trademark registration, you must ensure that there isn’t an existing similar brand. We also suggest that you consider the protected future activities under the trademark. 

The Trademarkroom can assist in your trademark registration by conducting a preliminary search in the trademark databases to check similar trademarks, prepare the trademark registration application, and communicate with officials and advise throughout the registration process.

Some Extra Reminders

Sometimes, people mix up the terms copyright, trademark, and patent. And it’s crucial to know the difference between the three. While they all protect intellectual property rights, different institutions regulate them.

A trademark protects a brand’s name and logo on goods and services; a copyright protects a literary or artistic work. And a patent protects an invention.

Granting the Exclusive Right

Whether you want to launch a business or have an existing company, we recommend filing for trademark registration early to protect your brand.

The Trademarkroom offers trademark registration services for national and international brands. Contact us now, and we can help you protect your business.

share this Article

Recent Articles

Can catchphrases be trademarked?

Belcalis Marlenis Almánzar, the American rapper famously recognised as Cardi B, attempted to trademark her iconic catchphrase “Okurrr” in the US, the application was made