What is the EUIPO?

The European Union Intellectual Property Office is responsible for managing Trademarks and Designs within the European Union Member States.

Brealant offers EUIPO trademarks and designs registration, which cover most countries in Europe. Currently the 28 member countries of the EU are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,and the United Kingdom.

A European Union trade mark (EUTM) grants you exclusive rights in all current and future Member States of the European Union through a single registration. It is valid for 10 years and can be renewed indefinitely, 10 years at a time for each renewal.

On the other side, a design is the appearance of a product: its shape, patterns and colors. The difference with patents is that a patent covers the function, operation or construction of an invention. A patent may be granted for any invention, in all fields of technology, provided that it is new, involves an inventive step and is susceptible of industrial application. But a design only covers the appearance of a product. A design does not protect the function of a product, unlike patents.

When protecting a product with both a patent and a design registration, the timing of the applications will be crucial, as it must be ensured that the publishing of one or other of the rights does not preclude the finding of novelty for the other application. For more information about patents, please consult the European Patent Register (EPO).

Feel free to request us more information

Our costs

The trademark registration costs, besides including the application filing cost itself, also includes the prior trademark research, as well as the documentation preparation, the appointment of Brealant to act as your registered agent, the process monitoring and following up.

If you wish to know the costs for other services, please contact with us.

TOTAL: €1,015,-

The total includes the governmental fee for the filing as well as our service fee.

EUIPO and IP

EUIPO manages trademarks and designs registration, which become valid for all the members in the EU. But regarding patents, please consult the European Patent Register (EPO).

When it comes to copyright, there is not an official institution that protects copyright at an international level, so the registration has to be done at national institutions.

Trademark registration

Design registration

A design is the appearance of a product: its shape, patterns and colours. A design protects the appearance of a product and is intrinsically linked to a product. If there is no product, there can be no protection.

Any industrial or handicraft item including packaging, graphic symbols and typefaces qualify as a product. Parts of products that can be taken apart and reassembled can also be protected.

Colours per se, mere verbal elements and sounds are examples of things that do not qualify as they do not constitute the appearance of a product. However, they may qualify for trademark protection.

Living organisms and concepts do not qualify either, for the same reason, and do not qualify for trademark protection either.

Furthermore, your design should respect public policy and certain morality standards. Designs that portray or promote violence or discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation will be refused.

A registered Community design is valid in all countries of the European Union.

Trademark registration

The trademark application is filed at the European Union Intellectual Property Office (EUIPO). It is important that foreign applicants who do not have a mailing address in any of the member countries of the EU act through a professional representative or a legal practitioner certified by the EUIPO Office list.

The application can be written in any official language of the European Union, but the applicant must specify as a second language English, German, French, Italian or Spanish. This second language can be used as procedural language in case of opposition, limitation, or nullification procedures.

Besides, EUIPO has a procedure called Fast Track Application and is available to all applications. Fast Track application gives the applicants and opportunity to have their application examined immediately. For this procedure, applicants need to pay within the filing or immediately afterwards if they pay by bank transfer. The applicant must also use the terms at the EUIPO's database for classification purposes.

The application process includes an examination on formal, absolute grounds and search for prior trademarks. The processing time from application to registration is approximately 7 months.

Opposition Period

It is important to know that any third parties may file an opposition within 3 months once the trademark application has been published.

Trademark Validity

A trademark registration is valid for 10 years from the application date and may be renewed for periods of 10 years indefinitely. The applicant must present the proper renewal within the prescribed period, although they still have an extra period of 6 months to finish the renewal.

Requirement of Use

Also the trademark should be used within 5 consecutive years following the registration to avoid cancellation. Any third parties can file a cancellation action for non-use at the EUIPO Invalidity Division or through a counterclaim in an infringement action before a national court.

We are ready to help you protect your business. If you need more information, feel free to ask us any questions.

Brealant Limited

23 Campden Close

Redditch, England

Postcode: B975NJ