In a competitive environment, protecting the uniqueness of business activity is one of the most important steps for further development. Thanks to the development of information technology and the publication of information on the Internet, more and more data is becoming a matter of public interest, therefore, competitors can easily use your reputation. Therefore, the trademark registration will protect the trade name and simplify the process of conducting expensive advertising or a marketing company.
What is trademark and why do you need it
The trademark applies not only to the brand name but also to the provision of services and the sale of goods. The term trademark means a text or symbol represented graphically and allowing us to distinguish the services or products of one manufacturer from the services/products of another manufacturer. It may consist of design, words, a combination of numbers/letters or a company logo. Collocations of a destructive nature are unacceptable.
Assignment of an unregistered trademark can occur involuntarily, but in any case, restoring the natural right to it can take not only a lot of time but also is more expensive than trademark registration price. We are talking about the passing off event. However, before using standard legal procedures, in this case, it is worth assessing whether you can prove the occurrence of such a phenomenon.
In other words, you will need to prove the following:
- A certain trademark is associated with services or goods provided or sold by you.
- The reputation of these services or goods belongs to you, therefore, goodwill has a specific name.
- There is a possibility of cheating buyers.
- Illegal use of the trademark by third parties causes (may cause) significant damage to the business reputation of your company.
It follows from this that to prove the fact of unauthorized use by third parties of an unregistered trademark is a very complex and expensive process. Therefore, we strongly recommend starting the process of international trademark registration.
Why to register trademark
A trademark is the property of a company and serves to individualize a product or service, as well as its manufacturer. The success of a brand directly depends on the following factors: novelty, creativity, conciseness, recognition, and ease of remembering.
Trademark registration is the best way to preserve the uniqueness of your brand. So you get a guarantee of protection against unauthorized attacks on the brand. Until your trademark is registered, it is not protected and any other manufacturer can use your well-known and recognizable (but not officially registered) brand to denote its goods or services.
The customs authorities of the European Union maintain strict control over counterfeit brands when passing goods through customs control.Atrium Business Solutions
This administrative customs procedure allows reducing the transportation of illegal goods and protecting owners from unauthorized use of their trademarks.
Types of trademarks
There are two basic conditions that the trademark registration company in the EU requires: to be a new previously unused mark for distinguishing goods from one company from another and to be able to be presented in graphical form.
Trademarks may include:
- the names, words, and signatures;
- the numbers, abbreviations, and slogans;
- combinations: signatures, numbers, signs, graphic symbols, slogans, etc.;
- patterns, portraits, and shortcuts;
- form or packaging of goods;
- color and sounds.
Legally, a process of trademark registration is over and a trademark is considered a trademark only right after state registration. If you do not have a trademark registration certificate, then legally you do not have any rights to the unique use of your logo.
Trademarks registration procedures
A European Union trade mark or EU trade mark (former Community Trade Mark, also known as CTM) is an organization that was founded in December 1993 to protect trademarks throughout Europe. EUTM covers all 27 countries of the European Union. About 800 thousand trademarks have already been registered through EUTM at the request of hundreds of thousands of companies from all over the world, and this number is growing steadily every year.
The EUTM trademark applies to all countries of the European Union without exception. The registered brand is valid for 10 years, after which the registration must be renewed. Be careful, because if you did not use your trademark in the first five years after using trademark registration service, then it can be canceled. However, depending on the circumstances and reasons for its non-use, the decision can always be challenged in the Trading Community.
Protection after registration
Typically, the procedure for trademark registration in the European Union is handled by the European Union Intellectual Property Office. EUIPO extends its authority throughout the EU and is responsible for all brands registered in the European Union. The European Union Intellectual Property Office represents the exclusive right to the uniqueness of a trademark to its owner, protecting against unauthorized use of a trademark. Also, the department prevents the illegal placement of trademarks on the goods and packaging of third parties and any other commercial use of them: import or export of goods under a foreign trademark. Any use of the trademark by third parties without the permission of the owner is nothing other than copyright infringement and is punishable by law. EUIPO’s office is located in Alicante, Spain.
Benefits of trade mark registration
The advantages of the EU trademark:
- trademark uniqueness protection;
- a single and easy trademark registration process in all countries of the European Union;
- the trademark is protected by all EU countries;
- a single registration center;
- very simple procedure;
- no national registration needed;
- the ability to register an unlimited number of brands.
In the case of the entry of new members into the European Union, the ownership of registered brands extends to new members without any additional trademark registration cost from the businessman registered the trademark in Europe.
Cost of registration
The company trademark registration in the EU can be carried out by any applicant, we remind you that it is better to do this under the Madrid Treaty, and it is even better to refer the case to competent specialists. An application for a trademark to the Trade Community can be submitted both online and by filling out a paper form at a branch of the Trade Community. The cost of the service depends on the number of goods and services included in the application.
The minimum cost for submitting an online application for a trademark is 900 Euros. If you want to apply by filling out a paper questionnaire, registration will cost 1050 Euros. But these are state fees, not the price for a full service. The cost for trademark registration for the entire service is discussed with each client individually and depends on the features of your application and the quantity of goods and services.
The process of trademark registration in Europe has changed in recent years, the time for consideration of applications has significantly decreased. The European Union Intellectual.
Property Office (EUIPO) is now technically ready to consider your application in 26 weeks, previously the procedure was delayed for over a year.