A European Union Trade Mark (EUTM) is a unitary intellectual property right that covers the whole EU. It grants the owner the exclusive right to use and prevent others from using a trade mark that meets the requirements of distinctiveness, lawfulness, and availability. A trade mark can be any sign that distinguishes your product or service from those of others, such as a word, logo, shape, color, sound, or smell.
If you want to protect your trade mark in the EU, you need to register it with the European Union Intellectual Property Office (EUIPO) in Alicante, Spain. The registration process is simple, fast, and affordable. You can file an application online in any of the 23 official languages of the EU. You will also need to provide a representation of your trade mark and indicate the goods or services for which you seek protection.
Before you file your application, you should ensure that your trade mark is distinctive, lawful, and available. This means that it should not be descriptive, generic, deceptive, contrary to public policy or morality, or identical or similar to existing trade marks for the same or related goods or services. You can conduct a search on the EUIPO database or other sources to check the availability of your trade mark.
Some trade marks may not be eligible for registration, such as those that consist of the shape or another characteristic of the goods that is necessary to obtain a technical result, or those that contain protected emblems, such as flags, coats of arms, or religious symbols.
Once your trade mark is registered, you will receive a registration certificate in electronic form. The registration of your trade mark will be valid for 10 years from the date of filing, and you can renew it for further periods of 10 years indefinitely.
By registering your trade mark with the EUIPO, you will benefit from a high level of protection and enforcement in the EU. You will be able to prevent others from using, without your consent, a sign that is identical or similar to your trade mark for the same or similar goods or services, or that takes unfair advantage of or causes detriment to your trade mark’s reputation. You will also be able to take action against infringers in the national courts of the EU Member States, or request customs authorities to detain suspected counterfeit goods at the EU border.
Moreover, you will be able to exploit your trade mark by using it for your own business purposes or by licensing it to others, creating new sources of income and value. You can also file corresponding applications worldwide within six months of your filing date in the EU, establishing a priority date for your trade mark.
If you need professional assistance with the registration, protection, or exploitation of your trade mark, you can contact us at Lawyerontrademarks.com. We are a team of experienced lawyers specialized in intellectual property law. We can help you with the following services:
Are you wondering how to protect your brand’s identity and distinctiveness in the market? Get a comprehensive trade mark and community design evaluation and a free quote from our experienced legal experts. Contact us today to start the registration journey for your brand.
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