A community trademark is what is commonly known as a European Union Trademark.
A European Union trademark registration can be requested through a single application which provides protection for a trademark in the 27 member countries of the EU.
Is being protected in 27 countries important?
We live in a borderless era, where digital technology has already transcended physical barriers and made them disappear, especially when we talk about the European Union, a market with more than 500 million potential consumers.
It is therefore important to obtain this protection: nowadays, a trademark registration for Spain only can fall short, and we can be easily copied in other countries.
What is involved in the registration of a Community Trademark, known as a European Union trademark?
It implies the possibility that, provided that the trademark complies with the requirements established in the Community Trademark Regulation or European Union Trademark Regulation, and that there is no earlier identical or similar trademark registration application, it may be granted for all countries at the same time.
For this reason, it must be taken into account that the feasibility of that trademark registration will be reviewed by each of the 27 countries. If the registration application or the granted trademark conflicts with matters affecting morality, public order or decency in any country, the trademark may be refused or canceled after registration.
This was the case of the well-known chain of restaurants “la Mafia se Sienta a la Mesa“, whose trademark was annulled because it was considered to fall within the group of the so-called “absolute grounds for refusal”.
What happens if my European Union Trademark is refused/canceled?
A European Union trademark has unitary effects. That is to say, it is obtained and exists for the whole of the European Union, or ceases to exist as such throughout the European Union.
Therefore, if an EU trademark is canceled, there is always the option of transforming it into as many national trademarks within EU countries in which you may be interested, and in which there is no conflict with a similar national trademark.
It is also important to bear in mind that, if earlier trademarks have prevented our registration, we can always go to the Community Trademark Court or the European Union Trademark Court to settle any conflict, if we have not been able to do so in the European Union Intellectual Property Office (EUIPO).
What are the advantages of a European Union trademark registration?
- Cost savings and protection in 27 countries at the same time (1 trademark registration title, instead of 27 individual titles).
- Simplified and streamlined application process. No need to apply for a trademark in each of the 27 countries; we can do it all in that EUIPO.
- Unlimited protection: A market with more than 500 million potential consumers. With the registration of an EU trademark, you can obtain an exclusive license for that trademark throughout the European Union.
- It can be used as a basis for an international trademark application. With an EU trademark application or licensing, you can achieve trademark protection in up to 170 additional countries, through the concept of “international trademark”.
- When we speak of a Community trademark, we are referring to what is known today as the European Union trademark.
- The EU trademark has many advantages over a national trademark, especially in case we are interested in registering our trademark in 2 or more countries of the 27 countries of the European Union. Among the benefits, we can mention its agility, and time and cost savings in the process (a single registration application for all countries).
- In the current digital environment in which we find ourselves, where there are no borders, it is more important than ever to establish a good trademark protection strategy to avoid possible trademark copying or misuse. Registering a trademark in the EU can prevent possible future conflicts.
Finally, if you are interested in registering your trademark in the European Union… don’t hesitate. Before you get copied, protect yourself! You can do it right here!EUROPEAN UNION TRADEMARK REGISTRATION
If you want us to assess the availability of your trademark, the available options to obtain the registration or if you have any questions… we can help you, simply contact us!