European Trademark Registration

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European trademark registration – EUTM

One single European trademark application can register, and protect, your brand, logo or business name in all countries, which remain members, throughout the European Union (EU).  BATTLE has successfully assisted customers to register many European Union trademarks that cover the EU.

The European Union trademark, called EUTM (or until 22.3.2016, formerly called, Community trade mark – CTM), is administered by a central official EU authority.  The CTM was introduced in 1996 to cover the whole of the European Union and is valid in all 27 Member States, which remain as members of the EU.  Revised trade mark regulations and a new name for the EU’s trade mark office became effective on 23.3.2016.  To date, more than one million European Union trademarks have been registered on behalf of hundreds of thousands of companies from all over the world to protect their brand throughout the European Union (EU).

European trademark registration – EUTM

Below are some important factors to note when considering whether or not you need a registered trademark in Europe.

  • Business names can be registered as trademarks (providing they meet the minimum legal requirements) in a particular EU country.
  • Alternatively you can also register a single trademark, an EUTM,  which will protect your business name across all of the EU member states, which remain as members.
  • BATTLE suggests looking at the differences between national registration and EUTM, European Union trademark registration.
  • If your business trades with more than one EU country it can be more straightforward to register a European Union trademark because:
    • It is more time effective – you do not have to provide your details and complete registration forms for each individual jurisdiction.
    • It is usually more cost effective – an EU-wide trademark application (for an EUTM) is significantly less expensive than applications across individual EU member states.
    • A registered European  Union trademark (an EUTM, formerly a CTM) covers all 27 member states of the European Union, while they remain members, with an aggregate population of over 500 million people.
    • Holders of registered European Union trademarks are notified of new EUTM (or former CTM) applications if there is an application to register a similar trademark for similar goods/services. This does not tend to happen in the case of nationally registered trademarks (in certain countries).

Assistance with obtaining official rights to European trademark registration – an EUTM

We are currently only dealing with existing customers of BATTLE.  For more information on how you can obtain European Union trademark registration, to register your brand, logo or business name as a European Union trademark covering the European Union, please see the EUIPO’s website.

EU trademarks & Brexit

  • EU trademarks & Brexit.  The UK’s vote on 23.6.2016 to leave the European Union affects the scope of rights of both UK trademark registrations and EU trademark registrations.  According to the EU President, EU law continues to apply in the UK until the exit negotiations finish.
  • Rights of UK trademarks may lose the power to oppose, invalidate or revoke an EU trademark.
  • Rights of EU trademarks may lose the scope for protection of rights in the UK.
  • Brexit may affect the principle of free movement of intellectual property rights between the EU and UK.  Tariffs may apply.  Free trade may no longer apply.
  • The legal effects should be clearer when the UK & EU agree final exit terms.

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