Community Trademark Registration

Our Trademark Attorneys in European Union will assist you throughout the Community Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Step 1

Community Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your Community Trademark. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

Step 2

Community Trademark Registration Request

The filing and processing of the Community Trademark Registration Request before the Community Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

Is registration of a trademark mandatory?

Registration is not compulsory, but it is advisable. Otherwise the legal benefits of registration may not be available.
Which Intellectual Property rights are registrable?

Any “sign” that can be reproduced graphically and is capable of distinguishing the goods or services of one person from another, e.g., words, names, devices, certain three-dimensional shapes, colors and sounds, is registrable.
Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

No. Retail and like services are not registrable with the Trademark Office, the best option in these cases would be a Community service mark.
Is there any advantage in using a trademark before filing an application?

In the majority of EU member states the trademark rights can not be obtained through the mere use, unless such use has been extended and the mark has become recognized for the relevant public. Thus, in very specific circumstances, the prior use in a Member State can be recognized and empowered to whoever performs to oppose or cancel a later CTM.
How long does the registration process take?

In the absence of objections and oppositions, the registration process takes approximately between 9 to 14 months.
Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

A Community Trade Mark must be used within five years of the registration date in the territory of at least one member country or the registration will become vulnerable to cancellation for nonuse. However, use after the five-year term may cure nonuse, provided that in the interim no third party has filed for, registered, or used in 'common law' member states an identical or similar mark, or has filed an action for cancellation for nonuse.
In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

The marks are protected the way they are deposited, so if they are mixed, the logo and verbal elements are protected as a whole. And even though in certain cases of trademark infringement there could be a chance of invoking protection towards a mixed mark based on the use of its verbal element, this protection is not very clear and evident.
How can I know which is the due date for the renewal of a registered trademark?

The term/renewal date of a registration is 10 years from the application date.
When should I pay the renewal fee of my registered trademark?

A renewal must be filed during the six month period expiring with the renewal date.
Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

It is possible to renew for six months from the renewal date with payment of a fine.
What documents are required for filing a trademark or renewal application?

No documentation is required for renewal.