Where do I Apply?

In order to register a community trademark an application must be made to OHIM in Spain. The application can be made in English or any other EU language and OHIM will translate the application into a second EU language of your choice. One registration will cover the registration of the trademark in all 27 EU member states.

Costs

Currently, the cost of registering a trade mark in three classes is 900 Euros (if applying online) or 1,050 Euros if the application is made on paper. If you want to register a trademark in more than 3 classes, each additional class will cost an extra 150 Euros.

Trademark Search

Before applying for a trademark you must carry out a search to see if anyone has already registered the trademark, or applied to register the trademark. You also need to consider whether or not the trademark is capable of registration. For example it cannot be generic i.e. “business” or “dog” and there are certain words that you cannot use. A trademark can be registered as a word mark, or a picture mark i.e. with a logo. Trademarks can also be registered with, or without, colours.

The Application Process

You need to file an application with a description for each of the classes that you have chosen. There are more than 40 classes which cover the various goods or services which can be registered. Once OHIM receives the completed application and fee, it will examine the application. This involves amending the description or moving the description of the goods and services to different classes or rejecting the application in part or in whole.

Opposition and Registration

The trademark is then published to permit persons or entities to register their opposition to the registration of the trademark. Anyone who wishes to oppose registration of the trademark has 3 months to register such opposition. In the meantime, you will be sent a search report for similar trademarks by OHIM. If no-one opposes the trademark, protection is granted for 10 years. If any oppositions are raised these must be successfully disputed in order for the trademark to be registered.

Help

For assistance with registering an EU trademark  or any other IT legal issues contact me:

irene.bodle@bodlelaw.com
www.bodlelaw.com

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