The registration of EUTM (European Union Trade Mark) is governed by the REGULATION (EU) 2017/1001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union trade mark.
1. How an EUTM is obtained?
According to the Regulation an EUTM (European union trade mark) is obtained by registration.
- Who can own an EUTM?
Any natural or legal person, including authorities established under public law, can apply and register an EU trade mark.
- What can be registered as EUTM?
According to art. 4 from the Regulation:
An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of:
(a) distinguishing the goods or services of one undertaking from those of other undertakings; and
(b) being represented on the Register of European Union trade marks (‘the Register’), in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
The EUIPO distinguishes the following types of marks:
Figurative mark containing word elements
Shape mark containing word elements
Colour (single) mark
Colour (combination) mark
- Where the EUTM is valid?
An EU trade mark has a unitary character. It has equal effect throughout the European Union.
- Who is responsible for registering an EUTM?
The body which is responsible for registering EUTMs is the EUIPO – European Union Intellectual Property Office. According to the EUIPO – the institution registers almost 135 000 trade marks every year.
What is the term of validly of an EUTM?
An EUTM is valid for 10 years calculated from the application date and it can be renewed indefinitely each 10 years. More for the trade mark renewal process can be found here.
What are the benefits of registering an EUTM according to the EUIPO?
The EUIPO presents the following benefits of registering an European Union Trade Mark (EUTM):
- A single registration —is valid in all EU Member States.
- The EU trade mark gives its owner an exclusive right in all current and future EU Member States at a reasonable cost.
- You can enforce your trade mark in a market of almost 500 million consumers.
- An EU trade mark is valid for 10 years. It can be renewed indefinitely, 10 years at a time for each renewal.