European Union & UK
|
Classification |
Nice classification (11th edition) |
|
WIPO-Administered Treaties |
Paris Convention, Madrid Protocol, Berne Convention, Locarno Agreement, PCT Patent Cooperation Treaty, Nice Agreement |
|
Multiclass applications |
Applicable |
|
Priority claiming |
Applicable |
|
Opposition period |
2 months (extendable for 1 month) |
|
Protection period |
10 years of the filing date |
|
Trademark Registration Time Frame |
6 months |
|
Trademark Grace Period |
6 months with penalty |
|
Renewal term |
10 years |
|
Use |
Vulnerable to cancellation if the trademark has not been used for consecutive 5 years |
Required Documents for filing a trademark application:
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.
Trademark registration procedure:
Once a trademark application is filed, the trademark is examined by the Intellectual Property Office in terms of formalities, absolute Grounds (inherent registrability of a trademark) and relative Grounds (conflict with prior trademark rights). If the IPO approves the trademark application it will then be published in the trademarks journal for two months. During the publication period any third party can oppose the application. If the opposition period lapsed with no opposition, the trademark will be registered, trademark registration is valid for 10 years as of the date of filing, renewable for similar periods of 10 years.
|
Classification |
Nice classification (11th edition) |
|
Restrictions |
In EUIPO, Arabic characters are considered to be figurative elements |
|
WIPO-Administered Treaties |
Paris Convention, Berne Convention, PCT Patent Cooperation Treaty |
|
Multiclass applications |
Applicable |
|
Priority claiming |
Applicable |
|
Opposition period |
3 months |
|
Protection period |
10 years of the filing date |
|
Trademark Registration Time Frame |
4-6 months |
|
Trademark Grace Period |
6 months with 25% penalty |
|
Renewal term |
10 years |
|
Use |
Vulnerable to cancellation if the trademark has not been used for consecutive 5 years |
Required Documents for filing a trademark application:
- The power of attorney is not required for filing trademark applications in the European Union.
- Copy of priority document, if priority is claimed filed within three months from the filing date.
- The name, nationality, address, and occupation of the applicant.
- List/s of goods and/or services to be covered.
- Representation of the trademark, in (BMP, JPG, TIF) format.
Trademark registration procedure:
An EU trademark gives the protection in 27 European countries (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden).
Once a trademark application is filed (the form is available in 23 of the official languages of the EU), the trademark is examined by the EUIPO, a search is done through the 27 EU countries to check whether the trademark satisfies the legal provisions for registration (including classification, formalities, absolute grounds, and translation). Among other things, this means that the trademark must be distinctive and not descriptive in all EU countries. EUIPO must assess a trademark application in all EU languages. If it appears to be descriptive in one language, for example, the registration is refused for the whole of the EU. If the EUIPO approves the trademark application, it will be published in the EU Trademark Bulletin for three months. During the publication period any third party can oppose the application. If the opposition period lapsed with no opposition, the trademark will be registered, trademark registration is valid for 10 years as of the date of filing, renewable for similar periods of 10 years.
