With a registration at the Office for Harmonization in the Internal Market (OHIM) (trademarks, patterns, and designs), the trademark will be protected in all member countries of the European Union. A prior application or registration in the home country of the applicant is not required. In addition, the home country of the applicant does not have to be a member of the European Union either. Owners of national trademarks in the member states of the European Union may file opposition against a trademark applied for as Community Trademark. Therefore, it is recommended to conduct a search in each member country before applying for a European Community Trademark. Member states of the European Union are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom. Community Trademarks are valid also in the following overseas departments: Guadeloupe (GP), Martinique (MQ), Guyana (GF), and Réunion (RE).

Trademark registration: Requirements

A trademark application has to be filed before the Office for Harmonization or at the national Patent Office of a member state by a local agent. On application, a special certified power of attorney has to be show (duly legalized). Foreign applicants do not need a domestic registration.

Trademark registration: Procedure

The application process includes a official search for identical or similar Community Trademarks. It takes approximately 7 months from first filing to registration. Before registration the trademark is published in the “Community Trademarks Bulletin”. It is also possible to file an opposition against the trademark registration at a court within 3 months from the date of publication.

Trademark registration: Duration

A trademark registration in the EU is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Trademark registration: Methods

EUROPEAN UNION (COMMUNITY TRADEMARK): Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union.

INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System).

*Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.

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Duly note, if the trademark has not been used within 5 years from registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation.