Jurisdictions

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.