European Union
Britain, Germany, France, Italy, Spain and other European countries recently begun in eu countries all 15 of the trademark system. In Spain the eu Alicante office in January 1996 1 accepts the trademark application. The trademark protection for years, renewal, each renewal term for ten years. The trademark applicant is not limited to the eu member nations, such as the Paris convention ", "the world intellectual property organization (WIPO), member of the national may also apply.
The characteristics of trademark
The trademark has the following features:
(1) the cost is low. Only once, can apply for registration in the eu member states use the trademarks of fifteen. Each member in respectively using application fee, greatly reduced,
(2) protection program centralization. A trademark registration can obtain the 15 European Union member states of the trademark protection, in the case of the ruling will get all the countries,
(3) is a registered trademark may only in a European country. Trademark in the use of any country is enough to fight with the trademark revoked by the application,
(4) enjoy priority in Paris convention. The same trademark for one or more designated goods or services name in Paris, member of the convention 6 months after the application for trademark, community has priority,
(5) are already in a eu member states in the registered trademark, released for European trademark, can request priority.
(6) not only words, logo, etc, and can obtain traditional trademark registration sounds, smells, product appearance and structure, etc, also can apply for new trademark registration,
(7) a trademark for maximum covers three kinds of commodities or services, more than 3 classes, each additional fees.
The trademark registration procedures
The trademark registration procedures of basic written as follows:
1 applicant to the trademark office or trademark office for eu,
2 the eu member states will notify the application to the competent authority for trademark, the trademark review world,
3 after the examination, the announcement for three months. During the third party can put forward various objections,
4 if no objections, third party for trademark registration in a year.
5 for 12-15 months
Trademark retrieval
Because of the trademark registration, the country covers many potential trademark opposition of people. Therefore, the company to recommend the applicant in Europe, an application for registration of the trademark, the trademark retrieval before fitting to determine whether a registered trademark identical with or similar to the trademark is registered, the party has been and avoid unnecessary loss.
Trademark application materials
The applicant to provide the following materials:
1) enterprise name, address (English),
2) goods/services international classification and designated use goods/services; list and information,
3) the photocopy of the business license,
4) trademark design requirements clearly, 5, good quality paper. If color trademark black-and-white draft should submit one copy of colored manuscript; 5,
Specification is not less than 5cm x shall not exceed 5cm, biggest 10cm x 20cm,
5) accredit a power of attorney (the company shall be provided by the applicant, but the signature).
Trademark registration fee
First step: find (selection)
Each trademark category check USD300 cable
Step 2: the trademark registration
One to three categories USD2 trademark, 100, Additional USD600 each category
Step 3: the trademark certificate
A trademark USD2100 category, Additional USD600 each category.
Trademark registration procedure and time of payment
Customers need to develop each step of this work before the steps of expenses.
note
(1) all the expenses including the agency service fees and taxes, government, but not including document delivery costs or fees files notarization.
(2) above fee does not include the trademark reexamination, discrepancy fee, etc. If the application is preliminarily approved trademarks after the announcement or other trademark application is rejected, apply for the reexamination, still can have certain fees, according to the specific conditions agreed.
(3) above fee does not include the trademark translation fee, if necessary.
The Trademark registration whereby European common problems (range)
1, what is the trademark?
Answer: the trademark (ec CTMR refers to the conditions stipulated in the regulations) trademarks obtained OHIM (ec) is the internal market expanded in the eu registered, within the scope of the effective to identify and distinguish commodities or services.
2, the unity of the trademark how?
Answer: the trademark registration in the eu and effectively. The application and the corresponding trademark registration will be extended to all the 25 member states. The regional protection within a few members is not possible. Also, the European Union is a trademark registration by the registration procedure OHIM controls, each country industrial property without the intervention. In addition, any European trademark is invalid, rejected or expiration would apply to the whole of the European Union. Finally, the trademark is a single property. It is only as the European Union (rather than individual member of the property was transferred.) However, some regional restriction or other restrictions, even the trademark license only due to a particular member's permission, are available.
3 and the trademark is covered 25 member states are
Answer: the European Union of 25 countries, Britain, Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Finland, Spain, Portugal and Greece, Austria, Ireland, the Netherlands, Cyprus, the Czech republic, Hungary, Istanbul, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia.
Four, the eu member states trademarks trademark beyond alone?
Answer: the trademark registration system for its members for trademark registration system (including any influence than, the Netherlands, Lou trademark system). Enterprise can free choice for trademark registration or the European Union member alone, also can register trademark