Empowering European Trademarks and Designs
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Trademark and Design Knowledge Base
EU Trademark Hub was founded with a passion for safeguarding intellectual property. Our journey began with the vision to simplify trademark registrations online, ensuring seamless protection for businesses of all sizes.
Proudly serving a diverse clientele, from startups to established enterprises, we have fostered long-lasting relationships built on trust and expertise.
European Union Trademarks
A European Union Trade Mark (EUTM) offers trademark protection across all member states of the European Union with a single application. It’s managed by the European Union Intellectual Property Office (EUIPO) and is valid for 10 years from the date of application, renewable indefinitely for 10-year periods.
Any natural or legal person, including companies, organizations, and individuals, from within or outside the EU, can apply for an EUTM.
A EUTM can be any signs, especially words, including personal names, drawings, letters, numbers, colors, the shape or packaging of goods, or sounds, provided they can distinguish the goods or services of one enterprise from those of other enterprises.
Applications can be submitted online through our website website or, in certain cases, on paper. The process involves providing detailed information about the trademark and the goods or services it will cover.
Single Class: The basic application fee for an electronic application covering one class of goods or services is approximately €850.
Second Class: If you wish to cover a second class of goods or services, an additional fee of €50 is required.
Third and Subsequent Classes: For each class beyond the second, an additional fee of €150 per class is applicable.
Other Costs to Consider:
Oppositions and Appeals: If your trademark application is opposed, or if you need to appeal a decision by the EUIPO, this will likely result in additional costs, including potential legal fees.
Renewal Fees: The registration of a EUTM is valid for 10 years from the application date and can be renewed indefinitely for further periods of 10 years. The renewal fee for a single class is approximately the same as the initial application fee, with additional fees for each class beyond the first.
The registration process for a EUTM typically takes about 4 to 6 months if there are no objections or oppositions. However, this timeline can be extended if issues arise during the examination or opposition phases.
A EUTM offers protection across all EU member states with a single application, while national trademarks protect trademarks in individual countries. Applicants seeking protection in specific EU countries may consider national registrations if they do not require EU-wide protection.
A EUTM application can be refused for various reasons, including conflicts with earlier trademarks or if it’s devoid of distinctive character. Decisions by the EUIPO can be appealed to the Boards of Appeal at the EUIPO.
EUTM owners can enforce their rights through national courts of EU member states. The EUTM gives its owner exclusive rights across the EU, allowing them to take legal action against infringement and counterfeit goods.
Yes, a EUTM can be challenged or cancelled on various grounds, including non-use for a continuous period of 5 years, becoming generic, or being registered in bad faith. Proceedings can be initiated before the EUIPO.
A EUTM can be renewed every 10 years, indefinitely. The renewal can be done up to six months before the expiry date, and a grace period of six months after the expiry date is available with a late renewal fee.
Yes, EUTM owners can sell (assign) or license their trademark to others. Any changes in ownership or licensing rights need to be recorded in the EUIPO’s register to be effective against third parties.
There are 45 classes but you do not need to worry about it because we will do that task of selecting the right classes for you.
Registered Community Design
A Registered Community Design (RCD) provides exclusive rights across all European Union member states to the appearance of a product or part of it, resulting from the features (such as lines, contours, colors, shape, texture, or materials) of the product itself or its ornamentation. The protection is granted by the European Union Intellectual Property Office (EUIPO) and is valid for up to 25 years, subject to renewal every five years.
Any individual or entity, including designers, companies, or organizations, irrespective of their nationality or domicile, can apply for an RCD. Non-EU applicants may need to appoint a representative within the European Union.
An RCD can protect the appearance of the whole or a part of a product resulting from attributes such as lines, shapes, colors, texture, materials of the product, and/or its ornamentation. Both three-dimensional and two-dimensional designs, including graphical symbols and typographic typefaces, can be protected.
Applications can be submitted online through our website. The application process involves submitting a representation of the design, indicating the products to which the design is applied or in which it is intended to be applied, using the Locarno Classification.
Single Design Application: For registering a single design, the total cost, including application and registration fees, is approximately €350. This fee covers the application, examination, publication, and registration of one design.
Multiple Designs: If you are applying for multiple designs in the same application, there is an additional fee for each additional design beyond the first. The fee structure is designed to encourage bulk applications, making it more cost-effective to register multiple designs at once:
For the 2nd to the 10th design: approximately €50 per design.
For the 11th design and onwards: the fee per design decreases further, encouraging larger batches of design registrations.
Other Fees
Deferred Publication Fee: If you choose to defer the publication of your design (which can be deferred for up to 30 months), there may be an additional fee. The standard application fee includes immediate publication.
Renewal Fees: A registered Community Design is initially valid for five years from the date of filing and can be renewed in five-year increments up to a maximum of 25 years. Renewal fees increase with each renewal period:
The first renewal covers years 6 to 10, with subsequent renewals covering each five-year period after that. Each renewal has a progressively higher fee, starting from approximately €90 for the first renewal period for one design and increasing with each renewal.
If there are no deficiencies in the application, the registration process can be relatively quick, with registrations often issued within a few weeks. This timeline does not account for any delays that might be caused by objections or the deferral of publication if chosen by the applicant.
An RCD provides protection across all EU member states with a single application, making it a cost-effective and streamlined way to protect a design in the European Union. In contrast, national design registrations protect a design only within the territory of a specific country.
An RCD application may be refused for non-compliance with formal requirements or if the design is not new or lacks individual character. Decisions made by the EUIPO can be appealed to the Boards of Appeal at the EUIPO.
RCD owners can enforce their rights against infringement in the national courts of EU member states. The RCD provides its owner with exclusive rights to use the design and to prevent any third party from using it within the EU without their consent.
Yes, an RCD can be challenged or cancelled on grounds such as lack of novelty or individual character, or if the design was not eligible for protection. Proceedings can be initiated before the EUIPO or relevant national courts.
An RCD is initially valid for five years from the date of filing and can be renewed in five-year increments, up to a total of 25 years. Renewal requests must be filed and the corresponding fee paid before the expiry of the current term.
Yes, RCD owners can sell (assign) or license their design rights to others. Any change in ownership or licensing agreements should be recorded with the EUIPO to ensure these rights are enforceable against third parties.
The Locarno Classification, established by the Locarno Agreement (1968), is an international classification used for the purposes of the registration of industrial designs. The Locarno Classification system consists of 32 classes and many are divided into sub-classes.
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