EUROPEAN UNION TRADEMARK
It allows you to obtain a trademark valid throughout the territory of the European Union with a single application.
Possibility for opposition
Within three months of publication, holders of earlier confusable trademarks may file an opposition by providing proof of earlier use of the trademark on which the opposition is based.
The duration is 10 years from the filing date. Renewal is possible indefinitely. The trademark can be contested, for example during litigation, if it is not used for a period of 5 years from registration in potentially at least one member state of the European Union (proof of use of the trademark is governed by complex legislation which cannot be summarized in one paragraph).
The trademark gives the owner the exclusive right to use that name throughout the territory of the European Union.
EUIPO (European Union Intellectual Property Office) based in Alicante, Spain.
THE STEPS FOLLOWING THE FILING OF AN APPLICATION:
- Filing of the application and, if all the required information is present, obtaining a filing date, coinciding with the priority date.
- Verification related to the Classification of goods and services of the application as well as its formal requirements (such as languages, various data and any priority claims).
- Examination of admissibility on the basis of absolute grounds for refusal of registration, particularly in relation to the trademark distinctiveness.
- Publication of the application from which the 3-month opposition period begins in which third parties may file objections to the granting of your trademark based on earlier rights or absolute grounds for refusal. If there are oppositions, you can defend your trademark by trying to reach an agreement with the opponent possibly limiting the goods/services claimed or let the Office decide on the basis of facts and arguments filed. An opposition stops the process of registering a trademark: at its conclusion, the opposed trademark may be granted as filed, granted in part in relation to classes and subclasses, or rejected in its entirety
- Publication of trademark registration in the absence of opposition proceedings.
- An appeal may be filed against the measures of the EUIPO relating to the registrability of a trademark or to opposition or cancellation proceedings within 60 days from the date on which the interested party received notice or became aware of the contesting act