European Union Trade Mark Attorney is an attorney who is chartered to execute representation before the EUIPO – European Union Intellectual Property Office in relation to trade mark procedures.
According to the EUTMR – European union Trade Mark Regulation – Natural persons not domiciled in or legal persons that do not have their principal place of business or a real and effective industrial or commercial establishment in the EEA (European Economic Area) must be represented by a representative (European Union Trade Mark Attorney) based within the EEA (European Economic Area), unless appointment of a representative is not mandatory.
The database of professional representatives is available online. In the database, representatives are identified as: association, employee, lawyer (legal practitioners), and professional representative.
Subject to some exception, the appointment of a professional representative before the EUIPO is mandatory for parties to proceedings before the Office that do not have their domicile or their principal place of business, or a real and effective industrial or commercial establishment in the EEA (European Economic Area).
This obligation exists for all proceedings before the Office, except for the filing of an application for an EUTM (European Union Trade Mark) or an RCD (Registered Community Designs), an application for renewal of an EUTM (European Union Trade Mark) or an RCD (Registered Community Designs), and an application for inspection of files.
The same applies to international registrations designating the EU.
In principle, professional representatives do not need to file an authorisation to act before the Office.
However, any professional representative (legal practitioner or Office professional representative entered on the list, including an association of representatives) acting before the Office must file an authorisation for insertion in the files if the Office expressly requires this or, where there are several parties to the proceedings in which the representative acts before the Office, if the other party expressly asks for this.
