What is a European Union Brand? | EU and CTM

It is a trademark registration system that covers all European Union member countries and provides equal rights in every country. Country selection is not possible in the European Union Trademark Application (EUTM). A possible refusal decision affects all countries. For affected countries, the application can be converted to a national application. The European Union application can be made as a whole within the Madrid system or on the basis of individual countries. What is Trademark Registration? Why It is Important For E-Commerce Sites?

If the trademark is not used for a period of 5 years without a valid reason, it may be canceled. Although use is not required in all countries, use in only one country may pose a risk of cancellation of the mark. As of 31 December 2020, EU trademark applications do not cover the United Kingdom due to Brexit. Therefore, if protection is requested in the United Kingdom, a separate application must be made to this country. What You Need to Know to E-Export to Europe

European Union Brand Purpose

In this trademark registration system, which provides equal rights in every country, protection status is given to be valid throughout the European Union member countries. The system is administered by the European Union Intellectual Property Office (EUIPO), headquartered in Alicante, Spain. It is aimed to harmonize the Common Market, free movement of goods and services, trademark legislation, and registration systems of member countries.

Its advantages are as follows;

  • A strong brand that is valid, effective, and equally effective at the EU level
  • One language, one office, one application
  • lower cost
  • Priority rights based on national applications
  • Ease of use

The disadvantages are as follows:

Refusal of the application by a single country causes it to be rejected in its entirety.

What is Foreign Trademark Registration? Why Should an Overseas Trademark be Registered?

Trademark protection gives the owner the right to prevent any use of the relevant trademark for goods and services within the scope of registration, without the permission of the trademark owner. In other words, except for exceptional cases, third parties are prevented from using and benefiting from the brand value.

It prevents the investments made in the brand from being damaged if the competitors use the same or indistinguishably similar brand for the same or similar products/services.

It is an effective way against unfair competition and imitation. Especially with the widespread e-commerce, people’s orientation towards brands that consumers know and trust has increased. In this sense, the brand is a very important value globally, so it has become increasingly important to protect the brand and have rights. After trademark registration, additional income can be provided to the company as a subject of transactions such as transfer and license. Business Name Generator: How To Name a Business In 7 Simple Steps

What is not?

It is not a protection system that covers the whole world or all countries at once.

Globalization: For a company that provides services worldwide, trademark registration is very important in terms of protecting the trademark.

International Trade: We recommend making a trademark application in all countries with long-term potential, primarily in the countries where the trademark is used.

Territorial Structure of Industrial Rights: Trademark registration provides protection only in the country where the registration is made.

How to Apply for a European Union Trademark? What Should You Pay Attention To?

The term EUTM is derived from the initials of the words “European Union Trade Mark” and means “European Union Trademark”. It is a registration system that provides trademark protection throughout the European Union (27 EU member states) with a single application. EUTM applications are filed with the European Union Intellectual Property Office (EUIPO). According to EUIPO data, approximately 135000 trademarks are registered as EUTM annually. EUTM is a holistic system; It covers all EU member states and provides protection to all EU member states when the trademark is registered. In other words, it is not possible to select only certain EU member states or to limit the application to certain countries. Words, letter and/or number combinations, logos, graphic shapes, colors, three-dimensional shapes, and phrases containing sound elements can be applied as trademarks. What is Aquamarine Stone? Properties, Benefits, Colours

EU trademark applications can be made to the national trademark offices of the EU member states or directly to the European Union Intellectual Property Office (EUIPO) headquartered in Alicante, Spain. Goods and services included in the international application must be properly translated into English. It is recommended to use the Turkish version of Madrid Goods and Services Manager for translation.

Having a European community brand will not only contribute to the awareness and quality perception of your brand in the eyes of the consumer but will also provide great benefits in terms of promotion and advertising of your brand. Application and Registration process After the EUTM application is filed with the European Union Intellectual Property Office (EUIPO), there are 3 main stages:

  1. Review
  2. Broadcast
  3. Registration

During the review phase, the formal and formality elements of your file are examined by the official institution (brand information, commodity information, brand sample, fee payment, etc.). If any deficiency or non-compliance is detected, written notification is made to the applicant or his/her representative. It is necessary to respond to the issues specified in the nonconformity notification and to correct these issues in due time, otherwise, the file will be closed by the institution. If the trademark you will apply for; is non-distinctive phrases, descriptive phrases for the products and services you request registration, international symbols, and flags.

Appeal Process

First of all, if your application is reviewed and accepted as a form of objection filed by EUIPO, you will be formally notified (via your representative) to submit a response. The objection process generally consists of mutual opinion and claim submission stages, waiting-conciliation stage, and decision stages. Both parties have the right to appeal against the final decision. Registration phase and beyond If the publication phase of your EUTM application is successful, your EUTM application will be registered and EUTM digital registration certificate (downloadable from the official site) will be issued. ‎Congratulations, you are now EUTM registered! However, there are issues to be considered in the post-registration process. Here, two main issues should be mentioned; Re-registration is required every 10 years to ensure the continuity of your EUTM registration. What is Customs Duty? On Which Products Are Customs Tax Taken?

There is also the risk that your EUTM registration will be revoked due to non-use. Because it is necessary to have an active commercial use in EU member states regarding the goods and/or services for which your EUTM trademark is registered. If your EUTM registration does not have active users in the EU territory, there is a risk of third-party revocation based on non-use against your EUTM registration. The process to be taken as a basis for such a transaction is the period of 5 years following the EUTM registration date of your brand. If there is no use of your brand in EU member states in this process or you cannot provide sufficient evidence to prove its use, there is a risk that your registration will be canceled.

Leave a Reply

Related Articles

Back to top button

We need Your Help!

If you enjoy our content, please support our site by disabling your ad blocker. We depend on ad revenue to keep creating quality content for you to enjoy for free.