Who Can Apply For An EU Trademark?

who can apply for eu trademark

In principle, any person may register an EU trademark with the European Union Intellectual Property Office (EUIPO) who has a place of business or residence in a member country of the EU. Anyone who does not live in a member country of the EU must also appoint a legal representative in the EU. 

Profitmark, an experienced company, has been registering trademarks all over Europe for over 7 years. We can always help you quickly and efficiently. More information on this page: 

Apply For An EU Trademark: Individual, Collective Or Certification Mark? 

If you decide to apply for a European trademark, you can choose between the following types of EU trademarks during registration: 

Individual Mark: this is the mark as you usually know it. The individual mark distinguishes goods and services of one provider from those of other companies. Individuals, but also legal entities such as associations, limited liability companies or stock corporations can register them. 

Collective Trademark: It identifies products from different companies that all have common characteristics and distinguishes them from competitors. Only manufacturers, producers, service providers, traders or persons under public law such as municipalities or broadcasters can register a collective trademark. 

Warranty Mark: It provides indications of appropriate quality control. Examples of the certification mark are the Fairtrade or TÜV seal. 

After The EU Trademark Application 

In order to prevent trademark dilution and loss of value of the EU trademark, it is recommended to monitor the trademark regularly after a successful application. In this way, you can determine whether someone is misusing your trademark for their own purposes in the EU single market and can take appropriate legal action. 

To do this, you can search all relevant trademark databases for critical new applications or entrust a lawyer with regular trademark monitoring - the trademark and patent offices, on the other hand, do not monitor EU trademarks. 

Securing An EU Trademark

This is how it works You can apply for your EU trademark yourself. However, the requirements for trademark protection are high: Not only do you have to conduct a trademark search in advance in the relevant databases - some of which are subject to a fee - but you also have to interpret the results in a legally sound manner. 

The smallest errors in the search or in the application for trademark protection in the EU can lead to the EUIPO rejecting the application. If you have already invested money in the form of office fees in the application or branding, these office fees would be lost. Even more serious can be the strategic loss of time. In addition, costly warnings from third parties may follow, who may invoke a claim arising from this. 

For a successful EU trademark application, it therefore makes sense to contact a lawyer. The attorney has access to all relevant databases and knows which subtleties are important for the European trademark search and the secure application. 

If they find obstacles to registration, they can advise you on the further procedure and possible modifications so that you can still register your trademark.

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