TRADEMARK REGISTRATION UNDER THE EUROPEAN COMMUNITY
Trademarks are signs used in trade to identify products. In the framework of intellectual property law trademarks are practical little items.
In practical terms it means,
- Your trade mark is the symbol your customers use to pick you out.
- Your trade mark distinguishes you from your competitors.
- You can protect and build upon your trade mark if you register it.
DEFINITION OF A EUROPEAN TRADEMARK (EUTM)
An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colors, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
- distinguishing the goods or services of one undertaking from those of other undertakings; and
- being represented on the Register of European Union trade marks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
BENEFITS OF REGISTERING A TRADEMARK UNDER THE EUROPEAN COMMUNITY
The EUTM system offers trademark owners a unified system of protection throughout the European Union (EU) with the filing of a single application. If successful, this one application results in an EUTM registration that is recognized in all the twenty-eight (28) member states of the EU. In the event, new member states are added to the EU, the coverage and protection of existing EUTMs automatically expands, without any action or payment on the part of the EUTM owner; the protection of an extended EUTM in a new member state, however, dates from the admission date of the member state, rather than from the filing date of the EUTM. The initial registration period is ten (10) years from the date of filing of the EUTM application.
31.03.2021
An EUTM registration is beneficial for the following reasons:
- it is a time-saving and cost-effective procedure;
- having to maintain just a single trademark registration results in administrative efficiencies; and, perhaps most important;
- genuine use in one EU member state may be sufficient to protect an EUTM in all member states from cancellation on the ground of non-use. On the other hand, there is a risk that if a ground for rejection applies in just one of the member states, the mark cannot be registered as an EUTM, although conversion to national applications is possible in some cases.
TIME FRAME
The time frame for the full process of EUTM Registration is five (5) to six (6) months from the date of filing the application with the competent authority, and if no objections were made by third parties.
For further details on the process and fees, you may contact: +971 50 7129334 or email info@ambitionlc.com
