EU Trademark (EUTM)

EU Trademarks

 

Founded in 1994, The European Union Intellectual Property Office (EUIPO) registers the European Union trade mark (EUTM). EUIPO requires that the trademark be clearly defined so there is no ambiguity for any party about about what it covers. The type of trade marks registered by EUIPO include words, figures, shapes, positions, patterns, etc.

As of this writing (2020), Applicants can file their application online in one language and get exclusive rights in all European Union (EU) member states for a period of 10 years. Moreover, the cost of filing an application is lower compared to filing a national application in all member states. The trademark is also valid in any other state that becomes the part of the EU in the future. Note that there are uncertainties regarding the United Kingdom (UK) trademark issues relating to Brexit. Accordingly, some Applicants may wish to file both a EUTM and a UK trademark.

The owner of the issued trademark can use the trademark as a manufacturer’s mark, a service mark, or a mark for goods of a trading company. The EUIPO has a checklist for trademark applicants that includes questions about various aspects of applying for an EUTM. According to EUIPO, lack of originality or distinction are the leading reasons for failed applications. EUIPO was previously called the Office for Harmonization in the Internal Market (OHIM). On 23 March 2016, the office adopted its current name on application of Regulation 2015/2424, which brought about institutional and technical changes, along with changes in fees.

 

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