EUTM registration procedure in detail

The European Union Trade Mark (EUTM) system is in force in the official 28 EU Member States, i.e. Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia , Spain, Sweden, Hungary.

The EUTM registration procedure is an examination procedure which comprises the following three main parts normally lasts from 5 to 8 months.

1. Application and EUIPO Examination

Once the application has been filed, EUIPO perform relative examination, which includes the formalities examination and the examination as to absolute grounds for refusal, especially classification and descriptiveness. Please note that EUIPO will not examine relative grounds for refusal (trademarks already filed and registered). Should you desire to perform your own a trademark prior search you may consider the EUTM search page. Should you desire to join our trademark search and analysis service, please e-mail us.

2. Publication and third party Opposition

The second part of the procedure is the publication of the application in so far the result of the examination has been positive. Once published there is a three-month opposition period. ‘Opposition’ is a procedure that takes place before EUIPO when a third party requests the Office to reject a Community trade mark application invoking a previous EUTM or national trademark right. When an opposition is filed, the proceedings will include an exchange of observations from both the opponent and the applicant (the ‘parties’). After considering these observations, and if agreement has not been reached between the parties, the Opposition Division of EUIPO will decide either to reject the contested application totally or in part. If the opposition is not well founded it will be rejected. If the EUTM application is not totally rejected, and provided there are no other oppositions pending, it will proceed to registration.

3. Registration

Thirdly, the registration. In the absence of any objections, the EUIPO will register the mark.

An application will be registered when the following conditions have been met:

* The examination of the trade mark has raised no objections or the objections raised have been waived; and

* Either no opposition has been filed, or any oppositions filed have been rejected.

Once the trade mark registration will be published EUIPO released the certificate of registration.

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