The registration of a trademark in the European Union, technically named European Union trademark, allows simultaneous registration in all the Countries of the European Union.
In this post we talk about:
The European Union trademark has a unitary character. It has equal effect throughout the Union: it cannot be registered, transferred or surrendered or be the subject of a decision revoking the rights of the proprietor or declaring it invalid, nor its use can be prohibited, save in respect of the whole Union. (article 1, paragraph 2 of the EU Regulation).
We remind you that the Countries being part of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, United Kingdom (going to leave the EU following Brexit), Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
Costs for the registration of an European Union trademark
Eva Troiani’s law firm prefers not to show here the costs for a registration of the European Union trademark or the costs for the registration in some extra EU State because there are too many variable factors to be taken into consideration for the cost. We would like to provide you with an estimate of costs after having understood your needs, so that we can offer the righter price. You can therefore contact our firm at any time and request am estimate of costs, which will be sent in your e-mail box within 48 hours from the request, free of charge.
Validity of the European Union trademark
The European trademark is valid for a period of 10 years from the date of filing of the application and is renewable indefinitely for the same period of time.
However, according to article 18, 1) of the EU regulation, if, within a period of five years following registration, the proprietor has not put the EU trademark to genuine use in the Union in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the EU trademark shall be the subject to the sanctions provided for in this Regulation, unless there are proper reasons for non-use.
Recommendations to be followed before and after the registration of the European Union trademark
Also in this case, as for the registration of trademark in Italy, we recommend to entrust a professional in this sector to carry out a careful similarity trademark search and identity trademark search in order to minimize the risks to receive complaints.
After registration we invite you, in case of trademark’s strategic importance, to place the trademark under surveillance in order to guarantee its protection. Call an expert and instruct him/her to monitor your trademark: thanks to his/her skills he/she will be able to promptly inform you if an identical or similar trademark application to yours has been filed, so that you can stop such initiative.
Eva Troiani’s law firm can handle your European Union trademark in each aspect: from the trademark similarity search to registration and trademark protection. Do not hesitate to contac us!