Get EU Trade Marks A Mountain To Climb

The EU trade mark can also be a certification mark, namely a mark which distinguishes goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, with the exception of geographical origin ...

Trade mark law of the European Union is governed by European Union law together with national law within those countries which are also member states of the European Union. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a European Union trade mark).

Article 7(1)(j) EUTMR provides for the refusal of EUTMs that are excluded from registration pursuant to national or EU legislation or to international agreements to which the EU or the Member State concerned is party and that protect designations of origin and geographical indications.

Use requirement Registration of the trademark in the European Union can be cancelled on the grounds of non-use upon a third party's request if it has not been used for 5 years from registration of a trademark.

There are three kinds of trade mark you can register depending on your business needs: individual marks, certification marks and collective marks. An individual mark distinguishes the goods and services of one particular business from those of another.

Upon opposition by the proprietor of the trade mark, a trade mark shall not be registered where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor's consent, unless the agent or representative justifies his action.

In the U.S., the user of a trademark may acquire certain common law rights simply by being the first to use the mark in commerce, even without registration. In the EU, trademarks must be registered to receive protection. Registration Requirements and Use in Commerce.

Article 8(4) EUTMR means that in addition to the earlier trade marks specified in Article 8(2) EUTMR, non-registered trade marks and other signs protected at Union or Member State level used in the course of trade of more than mere local significance can be invoked in an opposition provided that such rights confer on ...