To be able to develop one’s company any further, its unique name and services associated with it ought to be protected legally from unauthorized use. The trademark registration in Europe can protect the unique name of a brand or manufacturer, as well as its business reputation.
What is trademark and why do you need it
Trademark is considered any text or unique graphic representation of a company’s logo. In that way, the goods and services provided by a particular company or manufactured are easily distinguished from the ones offered by other companies, meaning that the trademark is unique and belongs to one owner only. The trademark usually combines symbols and words, having been designed according to the requirements of a particular company. However, companies or manufacturers that register EU trademark ought to remember that graphical representation of violence is strictly forbidden.
If the trademark is not registered, it can be used by other companies and corporations. In that case, restoring your right to the trademark is a long and expensive process, appearing to be even more expensive than the registration process from the scratch itself. To be able to legally register the company’s logo in the European Union, one ought to prove the following:
- The goods and services provided by a company have a specific name, meaning that their reputation belongs to the owner of the establishment.
- The trademark can be illegally used by third parties, which may potentially cause damage to the reputation of a company or manufacturer.
- The registered trademark is associated with the company’s goods only.
- Cheating buyers possibility absence.
To be able to prevent many issues, caused by the unauthorized use of your trademark by any third parties, EU trademark registration is a solution.
Why to register trademark in Europe
The trademark is what any company in the world is recognizable for. Therefore, creating and registering your own unique trademark can increase your profit, allowing the company to provide individualized goods and services.
It is also important to legally register the trademark in order to protect it from unauthorized use by other brands and companies. Developing a unique trademark is not the end of the path as it can be used by other manufactures unless it is included in the trademark register EU.
The customs control of the European Union reduces the transportation of goods throughout European countries that are manufactured under registered trademarks of other companies illegally. Therefore, all the owners of several trademarks registered in the European Union nowadays are officially protected from unauthorized use.
Types of trademarks
When registering a new trademark, one should consider the requirements for EU trademark classes. First of all, the trademark should be presentable in the graphic form. Second of all, this should be the trademark that has not been used in the past by any other company to distinguish its goods and services.
When registering a trademark, it is recommended to include:
- Shortcuts, images, portraits, etc.
- Names, words.
- Symbols, slogans, numbers.
- Combination of words with symbols and numbers.
- Colorful graphic interpretation of a picture.
To be able to legally use your trademark, it is necessary to officially get the registration certificate confirming trademark registration in EU. Only then, the newly registered trademark is considered a unique trademark protected by the European Union.
Procedure of trademarks registration in Europe
A European Union trade mark or EU trade mark (former Community Trade Mark, shortly known as CTM) was founded in December 1993 so as to protect unique registered trademarks and brands in Europe. Nowadays, the EUTM officially applies to all 27 countries of the European Union equally. Today, approximately 800 thousand trademarks are registered through the EUTM, having followed the request of many companies worldwide.
One ought to keep in mind that the trademark registration in Europe is considered valid for 10 years only. In 10 years, the registration process is renewed, although there may be some exceptions. The trademark must be used at least in the first five years after having been registered and protected by the European Union Intellectual Property Office (EUIPO). Otherwise, it will be canceled. However, there are some exceptions following specific circumstances that can be provided by the company or individual who registered a unique brand.
EU trademark protection after registration
The process of registering a new trademark is usually led and organized by the European Union Intellectual Property Office, shortly known as EUIPO.Atrium Business Solutions
The mentioned organization is considered responsible for registering all the brands and trademarks within the European Union. Starting the new trademark registration EU EUIPO’s obligation is to protect it from unauthorized usage by other individuals or companies, meaning that the organization offers full trademark uniqueness to its owner. Furthermore, the task of the EU trademark office is to efficiently prevent using one’s unique trademark on the products of the third parties. The commercial use of them is forbidden, as well. In case a company uses a unique brand or trademark that does not belong to it, it is considered copyright infringement and is punished according to the law. The location of the European Union Intellectual Property Office is Alicante, Spain.
Benefits of trade mark registration in EU
Considering registering a trademark, one ought to remember there are many benefits of trademark registration in Europe:
- A registered trademark will be protected by all the countries-members of the European Union.
- There is a single trademark registration center.
- The process of registering a unique trademark is simple and fast.
- National registration is not required.
- An unlimited number of brands can be easily registered.
- EU trademark protection.
When it comes to the situation when a country enters the European Union and becomes its member, it is not necessary to pay an additional cost, as the ownership of the registered trademark extends to newly entered member automatically.
Cost of registration in EU
The process of registering one’s company trademark can be conducted by any individual. On the other hand, it is highly recommended to begin the process with the assistance of the Madrid Treaty with the help of experienced specialists in this field. The trade community provides the necessary application documents required to be submitted by the customer. This can be done either online or by filling out official paper form provided by a branch of the Trade community. Usually, the final EU trademark cost may depend on the number of goods listed in the application.
To be able to submit one’s application online, it is required to pay about 850 Euros, which is considered the minimum price in this process. On the other hand, filling out all the necessary papers and handing them out, it will cost approximately thousand Euros. However, the prices mentioned above are the state fees. To be able to get the full price for the service, the process of registration one’s trademark is usually discussed individually. The complete EU trademark registration cost may vary, depending on the features of a given application, as well as the number of goods and offered services.
Following big changes in the registration policy, the time required for application considerations has decreased. It used to take up longer than a year, whereas nowadays the application is considered within a bit less than 30 weeks by the European Union Intellectual Property Office.