Register EU Trademark

Answer:

It is a mark that is registered in the European Union's Internal Market Coordination Bureau, which is valid within the European Union and is used to identify and distinguish goods or services according to the conditions stipulated in the CTMR (European Trade Marks Ordinance). (OHIM)

A: the EU trademark and its application for registration are valid throughout the European Union.

Trademark applications and their corresponding registrations will automatically extend to all 25 member states.

It is impossible to limit regional protection to a few member states.

Moreover, there is a registration procedure controlled by OHIM in the European Union's trademark registration without the involvement of various industrial property bureaus.

In addition, the invalidity, rejection or expiry of any EU trademark will apply to the whole EU.

Lastly, EU trademark is a single property.

It can only be pferred as property of the whole European Union (rather than a separate member state).

However, trademark licensing with geographical restrictions or other restrictions may even be restricted to the license of a particular member state.

A: the 25 countries of the European Union are: the United Kingdom, Germany, France, Italy, Belgium, Luxemburg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Holland, Ireland, Cyprus, Czech, istania, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia.

Answer: EU trademark registration system to its member states

The system has no impact (including the trademark system of Bi, Ho and Lu).

Enterprises can freely choose to apply for trademark registration or trademark registration of individual member countries, or two party applications.

A large number of existing trademarks which have been registered in member states are still valid.

It is entirely dependent on the protection of the EU trademark, or at the same time, the dual protection of trademark and EU trademark is entirely determined by the strategic needs of trademark applicants and owners.

However, if the trademark registration of a member country precedes the registration of the European Union trademark, the trademark of the member state shall have prior rights, and vice versa.

The Industrial Property Office of Member States will not take the initiative to review the prior rights.

Only the owner of the prior authority may make a request to lodge an objection within 3 months from the date of the EU trademark notice, or apply for invalidation after the registration of the trademark in accordance with the relevant provisions.

Answer: Yes.

The Industrial Property Office of the Member States will reject the application for EU trademark, even if the reason for its rejection is only applicable to the member states.

For example, if a trademark contains a trade name used in an official language of the EU Member States, the Industrial Property Office of the member state will reject the application.

Prior registration rights will affect the registration of European Union trademarks, even if such prior rights exist only in an EU member state.

However, the impact of such a situation should not be exaggerated.

The case is dismissed as a trademark that contains a non significant, or descriptive, or generic name that uses one of the official languages of the European Union (not one of the world's major trade common languages).

If the prior right exists only in a member state, it is doubtless that this prior right will not become invalid because of the application of EU trademark registration later.

The objection raised by OHIM and the invalidation procedure of the prior rights provide enough room for the proper solution of such problems.

Finally, EU trademark registration applications rejected or declared invalid or abolished may be amended to apply for trademark registration in all EU member states which do not apply for reasons of rejection.

The trademark application of such Member States also enjoys the application date of the EU trademark.

A: for the present, the answers to the two questions are all negative.

The EU is not yet a signatory to the Madrid Protocol.

Although the European Commission has put the EU's accession to Madrid Protocol and the revised CTMR to adjust the procedures of the relevant international registration process on two matters, the EU Council has not made a final decision.

A: the EU trademark can include any symbol that can be represented by the chart, especially the text, including the name, pattern, letter, number, shape or appearance of the package, so long as these marks can distinguish a commodity or service from other kinds of uses.

Therefore, the following markup can be used as a trademark for registration:

- text markers include letters, numbers, or combinations of letters, numbers and characters.

- a graphic mark that contains or contains no characters;

- color graphic markings;

- a combination of colors or colors;

- three dimensional markers;

- Voice markings;

- a trademark application must contain a chart of the trademark applied for.

A: although some tags conform to the definition of trademarks, if there is an absolute reason for rejecting them, these markings can not be registered as EU trademarks.

- does not possess any significant characteristics;

- refers to the type, quality, quantity, purpose, value, place of origin, date of production, or date of service, and other goods or service characteristics of goods or services;

- it has become a practice in current or universal practice of current language or business.

- contrary to public policy or widely accepted moral principles;

- the nature of deceiving the public, such as the untrue description of the nature, quality or origin of goods or services;