INTELLECTUAL PROPERTY RIGHTS IN EUIPO
Opposition Term |
03 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The European Union Intellectual Property Office (EUIPO) is the European Union Agency responsible for the registration of the European Union Trade Mark (EUTM) and the registered Community Design. EUIPO consists of twenty-seven (27) member states, namely Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
Most of the EUIPO member states have their national trademark offices as well, which register trademarks domestically.
The EU trademark system creates a unified trademark registration system in Europe, whereby one registration provides protection in all member states of the EU. The EU trademark system is unitary in character. Therefore, an objection against an EU trademark application in any member state can defeat the entire application; an EU trademark registration is enforceable in all the member states.
An application for an EU trademark should be filed at the Office.
The term for filing a European Union trademark application claiming priority is six (06) months from the priority date.
Multi-class trademark applications are possible.
A European Union trademark application may be opposed by any interested person within three (03) months from its publication date.
A registered EU trademark is valid for ten (10) years from the filing date, which can be further renewed indefinitely for successive periods of ten (10) years each.
The proprietor of a registered trademark may request the renewal of the term during a period of six (06) months before the expiry date of trademark protection.
Registration of a trademark may be renewed within six (06) months after the expiry of the term of legal protection of the trademark.
The trademark rights registered in the European Union may be revoked if the mark has not been used within an interrupted period of five (05) years following its registration.
The European Union Intellectual Property Office (EUIPO) is the European Union Agency responsible for the registration of the European Union Trade Mark (EUTM) and the registered Community Design. EUIPO consists of twenty-seven (27) member states, namely Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
The national systems in the member states co-exist with the Community Design System, which is a unitary system, governed by a regulation directly applicable in all the EU member states.
The Community Design System offers the possibility of obtaining EU-wide protection by means of a single registration. The unitary design right is centrally filed, registered, renewed, and maintained by the EUIPO. When protection is obtained via an international registration, the World Intellectual Property Organization (WIPO) manages the registration.
The EUIPO has compiled a list of products, known as the EuroLocarno list, which is based on the Locarno Classification, for classifying goods.
At the time of filing a specific design for the first time, the owner is granted a period of six (06) months from the date of first filing during which the owner can claim priority in his application for Community Design before the EUIPO.
Applications are mainly checked for formalities. There is no in-depth substantive examination, except to verify that the application is for a design and that the design is not contrary to public policy or morality.
There is no opposition procedure.
Utility model protection isn’t provided under the industrial design protection in the EUIPO.
Registered Community Designs are valid for a period of five (05) years from the date of filing of the application. Renewal is possible every five (05) years, up to a total term of twenty-five (25) years from the date of filing.
The request for renewal must be submitted within a period of six (06) months ending on the last day of the month in which the protection ends.
Late renewal is possible within an extended period of six (06) months following the last day of the month in which the protection ends, provided that an additional fee is paid within this extended period.