Trademark Registration (EU & International)

Global trademark search, registration, monitoring and maintenance

About Trademarks


Following the statement of Council Regulation (EC) # 207/2009 of 26th Feb. 2009 a Trademark is: An EU trademark can include any indications, particularly phrases, such as personal names, or designs, letters, numerals, colors, the form of products or goods or of their packaging of products, or noises, considering that such signs are able to identify products or services of one undertaking from those of other undertakings [...] Formerly in order to guarantee the protection of a trademark in the EU, the owner had to submit Applications to every member state. The registration of a European Union Trademark describes a single, unitary registration that is valid and enforceable in all of the member nations of the European Union. Which legal entities have rights to apply for a European Union Trademark? A legal person or a legal entity. What can you register as an EU trademark? So, according to the statement of Council Regulation following signs can be included in trademark: word marks, comprising letters, words, figures or some mix of letters, words and numbers; figurative marks, no matter regardless of whether they comprise words; figurative marks in color; colors or combinations of colors. What cannot be registered as an EU trademark? Marks that are contrary to public policy; Marks that are protected by the Paris Convention (such marks have gotten distinctive as a result of their extensive use within the EU); Descriptive marks; Marks that could be considered as offensive in any member country of the EU. Marks that can mislead the public on nature, the standard of the geographical source of their goods/services; The emblem ®, called documented trademark symbol, is employed as a note of legal possession above a mark that's been filed by a federal trademark office. Therefore, this symbol must be just utilized to signify that a registered trademark or service mark. The usage of the emblem for unregistered trademarks can represent ground for an accusation of fraud or even try in deceiving clients etc.. On the flip side, the logos TM and SM may be used for unregistered trademarks by people wants to maintain rights within a signature or a service mark. The emblem TM is utilized for tangible merchandise and products, while the emblem SM identifies the supply of solutions.




International Trademark Registrations


Legal Consultancy will be glad to provide widespread services in International Trademark Registrations within more than 150 countries all over the world togather with our beneficial single application for all EU members. Successful work of our company in the international segment of legal advice is carried out thanks to the continuous development of partnerships with local infiltrators. Faced with the problem of finding reliable local infiltrators, we can easily cope with the tasks, so that these infiltrators have all the necessary qualities on intellectual property issues. Currently, there are more than 100 insiders on our IP legislation in our local networks. We will help you identify all the classes that are needed to better protect your trademark. We will search where such registration should be performed (via OHIM or WIPO), as well as provide cost optimization steps. We use the best registration plan, and we will provide you with specific requirements in each country.




EU Trademark Registration


Following the statement of Council Regulation (EC) # 207/2009 of 26th Feb. 2009 a Trademark is: An EU trademark can include any indications, particularly phrases, such as personal names, or designs, letters, numerals, colors, the form of products or goods or of their packaging of products, or noises, considering that such signs are able to identify products or services of one undertaking from those of other undertakings [...] Formerly in order to guarantee the protection of a trademark in the EU, the owner had to submit Applications to every member state. The registration of a European Union Trademark describes a single, unitary registration that is valid and enforceable in all of the member nations of the European Union. Who can apply for a European Union Trademark? A natural person or A legal entity What may be registered as an EU trademark? So, according to the statement of Council Regulation following signs can be included in trademark: word marks, comprising letters, words, figures or some mix of letters, words and numbers; figurative marks, no matter regardless of whether they comprise words; figurative marks in color; colors or combinations of colors. What cannot be registered as an EU trademark? Marks that are contrary to public policy; Marks that are protected by the Paris Convention (such marks have gotten distinctive as a result of their extensive use within the EU); Descriptive marks; Marks that could be considered as offensive in any member country of the EU. Marks that can mislead the public on nature, the standard of the geographical source of their goods/services; What language(s) can be used for the application? The first language of the application could be one of the 24 official languages of the EU (Bulgarian, Croatia, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish). If the application wasn’t filled in one of it’s working languages the second language could be used either by the EUIPO or by an opponent. Who can file an opposition? The opposition can be filled by one of the listed legal owners: earlier registrations owner (EUTM, national marks), unregistered mark owner (if the law of the local state gives them a right to prevent the use of the EUTM). Are there any time frames for filing the notice of opposition? Following the publication of the EU trademark application notice of opposition could be filled for the period of three months. Who can be in the role of an observer? According to the official publication, any third-party legal entity can carry out “observation” of the trademark and its non-compliance with absolute grounds. What are the reasons for the cancellation of the rights of the owner of the EU trademark? By law, an EU trademark must be used in the European Union within five years from the date of its registration. In addition, the use of a trademark should not be interrupted for more than 5 years. If the trademark has become the common name for a product or service for which it is registered in connection with the actions of the owner and/or absence of the owner. If, as a result of the owner’s actions, the trademark began to be misleading about the nature of the goods or services, their quality, as well as the country of origin. The information provided does not carry any specific knowledge and cannot be used as legal advice.




What are the classes


During registration, a trademark doesn't include all the areas or field however it will involve classes identificators in the statement. A Class can be identified as the characterization of product or services which trademark is going to be associated with. Choosing it you need to be sure in selection right classes, as after registration it is impossible to change or include additional one. Our specialists will be helpful in selecting the right classes you should turn to.




Trademark Search & Watch


Trademark Search, pre-registration: Before you submit the application you need to be convinced that the alleged trademark is available for registration. That’s why We look for equivalent and corresponding trademarks to avoid unneeded conflicts and escape disagreements. Therefore, you appreciate the potential of registration opportunities. Trademark Observation and Post-registration: Trademark registration is vital for your business. IP authorities will not pay enough attention to your trademark because all responsibility lies with you. Your direct responsibility is to monitor the market and identify similar trademark applications. Keeping in mind that it’s impossible for any person to manually check global Intellectual Property applications, Legal Consultancy provides an automated monitoring solution to detect possible conflicting applications. Our IP network offers automatic monitoring of this information, which will detect possible conflicting trademarks and send you alerts in advance. This will give you the opportunity to react in a timely manner and oppose a possible intruder before it is too late.





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