Does it exist the European trademark? No. There exists the European Union trademark.
Difference between European Trademark and European Union Trademark
The difference is relevant, because it is necessary to bear in mind that the European Union Trademark Registration is effective not in all Europe, but only in the Member States of the European Union, which are: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Hungary. The United Kingdom, following Brexit, is going to leave the European Union and, unless changes during the negotiation, will become definitively a third State from 30 March 2019.
Article 1, 2) of the EU Trademark Regulation provides that:
“ An EU trademark shall have a unitary character. It shall have equal effect throughout the Union: it shall not be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor shall its use be prohibited, save in respect of the whole Union. This principle shall apply unless otherwise provided for in this Regulation”.
The European Union Trademark, therefore, is not effective in all those States that, although European, are not part of the European Union. This means that the European Union trademark does not give any protection in States such as Switzerland, Norway, Albania, Macedonia, Ukraine, Russia, just to name some of them.
How to obtain trademark protection in the European States which are not member of the European Union
There are several options for protection, which must be assessed case by case after having considered many relevant factors, related to the needs of the company which wants to obtain protection.
In the abstract, we can state that it is always possible to register a national trademark. This means, for example, that if I want my trademark to be protected in Switzerland, I will have the possibility to file a Swiss trademark.
Another possibility, if all the assumptions are met, is to protect oneself through the international registration. In this case, however, since many condition must be assessed – not least the economic convenience of the filing – we suggest to evaluate which is the best option of protection with the help of a consultant.
Eva Troiani’s law firm has the skills to offer you full assistance in this matter. Thanks to the network of agents in all Europe, the firm can handle the registration of your trademark both in the EU member States than in the European States which are not members of the EU.
- Tel. / fax: +39 06 58233422