An EU trademark, also known as a Community trade mark, is a trademark of the European Union that has effect in all EU member states (including those still in the process of joining). An EU trademark is valid only within the territory of the European Union. Registering an EU trademark costs far less than registering marks separately in individual EU member states. Applications for an EU trademark are filed with the EU Office for Harmonization in the Internal Market, based in Spain. A single application filed as a Community trade mark is enough, and the registration is valid in every EU member state. Trademarks are, however, limited to specific categories (classes) of goods and services. There are 45 such classes, and a registration is valid only for the classes selected and paid for. In the EU, you must register at least 3 classes.
EU trademark
A European Union trademark is unitary in character. This means that the trademark is valid throughout the entire territory of all member states, and it can be registered, transferred, revoked or declared invalid only for all EU states together. In the worst case, a trademark may be prohibited across the whole of the European Union.
Registration procedure
Anyone who is an EU citizen or has a registered office in the EU may file a trademark application. A foreign (i.e. non-EU) applicant must be represented by an agent based in the EU. If an application for an EU trademark is filed within six months of the filing date of a national trademark application, the applicant is entitled to claim priority from the national application. The registration process should comprise the following steps: (i) SEARCH – an assessment of whether your trademark can be registered (ii) APPLICATION – preparation of the application and filing with OHIM, the Office for Harmonization in the Internal Market (iii) PUBLICATION AND OPPOSITIONS BY OWNERS OF EARLIER SIMILAR MARKS. This is followed by ongoing monitoring of the application throughout OHIM’s examination process, and coordination with OHIM’s examiners to ensure your application is examined and processed accurately and promptly.
Registration time: 6–12 months
Limitations of an EU trademark
The owner of an EU trademark cannot prevent third parties from using generic terms common in trade, nor names, addresses or indications concerning the kind, quality, quantity, intended purpose, price, geographical origin or time of production of goods or provision of services. Nor can the owner prohibit use of the trademark where this is necessary to indicate the intended purpose of a product or spare parts. Once the owner has consented to a product being placed on the market in any EU member state, they can no longer prevent its free movement within the EU. These limitations on the owner’s rights do not apply where the owner has legitimate grounds for opposing further commercialisation of the goods, or where the condition of the goods has been changed or impaired after they were placed on the market.
