Register a Trademark in the European Union2019-08-23T09:19:58+00:00
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Register a Trademark in the European Union

>>>Single trademark protects you in 28 countries members of EU<<<

EU trademark registration is very powerful as it covers all 28 countries-members of the European Union.  If you are planning to expand in the EU, this is one of the trademarks you must consider. EU is also one of the quickest countries to obtain a trademark registration. If your application is filed using Fast-track system, you can be a proud owner of a trademark registration certificate in 3 months.  However, government filing fees are quite high.

Important highlights about the EU registration process:

  • Your trademark is only reviewed on absolute grounds meaning it will only be refused if the mark is descriptive or non-distinctive (when a trademark is not capable of functioning as a trademark).

  • Just like in the UK, your trademark will not be refused if there is a similar mark.

  • If you want to prevent a similar trademark from achieving registration, you have to take timely steps and oppose registration of a similar mark.

  • No use or specimens of use are required to register a trademark in the EU.

  • Trademark registration process is about 3-4 months if everything goes well.

  • Fast-track filing could be used to speed up the registration process. We always file using fast-track method.

  • Opposition period is 3 months.

  • Settlement is encouraged during opposition so a “cooling off” period can be easily requested.

  • Trademarks must be renewed every 10 years.

We work with a few trusted European representatives and associates.

We also recently partnered up with a great German lawyer, so we can now file your trademark in Germany too. German trademarks only take 3-8 weeks!

Pricing of Our Packages

The prices are in USD$ for EU fillings

SAIL THROUGH

$395
  • Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

ALL IN

$745
  • Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.

BELLS AND WHISTLES

$1095
  • Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.

Details about pricing packages

Government fees are not included in our packages and are extra

Upgrades

Upgrade 1

$350
  • Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$700
  • Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package

Upgrade 3

$350
  • Upgrade “ALL IN” package to “BELLS AND WHISTLES” package

FAQ

How does the process work with Trademark Angel? What happens after I buy a trademark package?2019-08-25T07:58:07+00:00

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link.
  2. Ask for a free preliminary trademark search to get an idea whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We’ll confirm your order.
  2. We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations how to increase chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we’ll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.

The choice is yours. Make the first step now.

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What is the fastest way to obtain a trademark for Brand Registry purposes?2019-08-13T09:35:56+00:00

The fastest way to get a trademark registered for Brand Registry is to file a word mark (without logo) or a black/white logo in Germany using the accelerated examination option. It takes 3-7 weeks with the accelerated examination option and about 2-3 months with regular examination.

We always file electronically so this ensures the fastest processing of the trademark application.

Also, in our experience, trademarks filed in a single class results in the quickest registration.

Filing in the UK or the EU will also ensure a quick entry into Brand Registry (about 3.5-4 months).

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What information do I need to provide in order to file a trademark application in the EU or the UK?2019-06-06T19:06:20+00:00
  • The full legal name of the applicant (either your company or your personal name)
  • The full address of the applicant.
  • The trademark name. If you are filing for a logo, we need to see the logo. If you are using a few color variations, please send them all as filing in black and white in the EU and the UK, will not protect your color versions. Read more about color claim here.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).

Once you provide us with a list of products and services you want to include in your application, we will properly classify them to make sure we qualify for the fast trademark examination (Fast-track in the EU, for example).

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What is “all or nothing” principle in EU trademark registration?2019-05-07T00:21:11+00:00

If you are interested in protecting your trademark, probably you know that the protection a registered trademark grants you is not worldwide but rather territorial, for example, having a US trademark enables you to enforce your rights only in the US. Likewise, an EU trademark gives you coverage in all 28 member countries of the EU but it does not protect you in the US.

The EU applies an “all-or-nothing” principle when it comes to acceptance of a trademark for registration.

What does it mean?

It means that an EU trademark application is denied registration if it has grounds for refusal in only one member state. For example, the word “Casa” means “House” in Spanish, so you can’t get registration in the EU for “Ideal Casa” if you are selling “house accessories” or offering “housing service” as such a trademark may be considered descriptive of the products or service and therefore refused on absolute grounds.

In other words, your trademark needs to be distinctive and not descriptive of the products and services that you offer under the trademark in all the member states of the EU. In this way, the EU is able to give you protection in all its member countries. If you get an EU registration, you either get it for the entire EU or none at all.

However, in case an EU trademark application is refused on such grounds, it can be converted into a national trademark application with the same filing date in other EU member countries where the ground of refusal is not applicable. But the protection will be limited to that particular country only. Additionally, converting an EU trademark into national filings will be expensive and more time consuming.

Similarly, earlier rights can be enforced from a party that doesn’t have an EU trademark rather a national one from an EU member state. That means if a party opposes the registration of your EU trademark application, their opposition will be taken into account even if they don’t have an EU registration.

How to increase chances for your EU trademark application to achieve registration? Conduct a thorough trademark search (common law, Google, social media and, of course, EUIPO database). Trademark Angel can help you to determine if there are any similar trademarks in the EU to minimize the risk of getting an opposition.

 

 

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Classification of Goods and Services in a Trademark Application (class headings)2019-05-17T18:05:46+00:00

Every trademark application must list the specific goods and services that the trademark will cover.

Products belong to classes 1 to 34. Services belong to classes 35 to 45.

Products are tangible, you can touch them. Services are intangible.

Below is a rough classification (class headings) just to give you an idea of general categories  (please note that the below list cannot be used for trademark filing)

Products

Class 1: Chemicals (including those used in agriculture, industry and science)

Class 2: Paints, coatings, varnishes, colorants for food.

Class 3: Cosmetics, creams and serums, cleaning products including soap and shampoo, bleaching and abrasives, non-medicated toiletry preparations, false eyelashes, essential oil, perfume

Class 4: Fuels, industrial oils, greases, lubricants, candles

Class 5: Pharmaceutical and veterinary products, food supplements and vitamins, baby food, disinfectants, fungicides, herbicides, plasters, dental wax

Class 6: Metals, metal castings, metal hardware, metal containers, locks, safes

Class 7: Machines and machine tools and their parts, motors and engines (except for land vehicles)

Class 8: Hand-operated tools and implements, razors, cutlery

Class 9: Computers, computer hardware, computer cables, cell phones and cell phone cases, data carriers, computer software, downloable publications including e-books, videos and podcasts

Class 10: Medical and dental instruments and apparatus, massage apparatus, sex toys

Class 11: Products for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes including lamps and kettles

Class 12: Land, air and nautical vehicles, motors and engines for land vehicles

Class 13: Firearms, ammunition, explosives, fireworks, holsters

Class 14: Precious metals, watches, jewellery

Class 15: Musical instruments

Class 16: Paper, items made of paper, stationery products, artists’ products, printed products including photographs, stickers, notebooks, party ornaments of paper

Class 17: Rubber, asbestos and plastic Items, pipes and tubes

Class 18: Leather and leather goods, bags, wallets, animal apparel, collars and leashes for animals

Class 19: Building and construction materials (non-metallic), non-metal monuments

Class 20: Furniture, mirrors, picture frames, storage containers not of metal, party ornaments of plastic

Class 21: Kitchen utensils, crockery, containers, cleaning implements, toothbrushes

Class 22: Ropes and strings, tents, nets, awnings, sacks, padding, canvas material and raw fibrous textile material

Class 23: Yarns, threads

Class 24: Textiles, fabrics, blankets, covers, towels

Class 25: Clothing, footwear and headgear

Class 26: Sewing products, lace and embroidery, artificial flowers, hair decorations like ribbons, false hair

Class 27: Carpets, linoleum, wall and floor coverings, wall hangings

Class 28: Sports equipment, video game apparatus, games, toys, Christmas decorations

Class 29: Dairy products, meat and fish, processed and preserved foods, including dried, frozen and cooked fruits and vegetables, milk, eggs, edible oils and fats, jamps, jellies

Class 30: Staple foods, spices, bakery products, confectioneries, tea, coffee

Class 31: Fresh fruit and vegetables, live animals, animal food, seeds, fresh herbs, plants and flowers

Class 32: Non-alcoholic beverages, preparations for making beverages, fruit juices, beer

Class 33: Alcoholic beverages, except beer

Class 34: Tobacco products and smokers’ articles, matches, electronic cigarettes

 

Services

Class 35: Retail services including online retail store, advertising, business consulting, business management

Class 36: Insurance and financial services, real estate services

Class 37: Building construction, repair and maintenance services, installation services

Class 38: Telecommunication services, broadcasting services including video broadcasting

Class 39: Transport, logistics and storage, travel services

Class 40: Treatment of materials, custom assembly, recycling and waste management

Class 41: Education services, including arranging and conducting educational classes and seminars, entertainment services, book publishing, organizing exhibitions and conferences

Class 42: Saas and Paas services (Software as a service and platform as a service), IT services, software development, graphic design services, website development, scientific and technological services

Class 43: Restaurants, cafes, hotels, catering services

Class 44: Medical services, hygienic and beauty care services, dental services, veterinary services

Class 45: Personal and social services, legal services, security services

For a more in-depth discussion read this article: Taking Advantage of the Trademark Classification

 

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Which trademark should I File? Word Mark or Logo?2019-05-07T15:44:23+00:00

When deciding whether to file for either a word mark or logo, it is important to keep in mind that a logo must always be used as it is depicted in your application. In addition, if you file your logo in a particular color in the US, you must always use your logo in that particular color.

On the other hand, word marks are somewhat more flexible. When filed in all capital letters, word marks allow the trademark owner to display it in any combination of lower case and upper case letters.

For example, if you filed for the word mark TRADEMARK ANGEL ROCKS, you can use it on your goods and/or services as: trademark angel rocks, Trademark Angel Rocks, or TraDeMaRk AnGeL RoCkS.

The flexibility of a word mark ultimately makes it quite appealing as it is not limited to a particular font or color and can be displayed in a combination of upper and lower-case letters.

However, filing for a logo can be more advantageous in some situations.

For example, if your mark is found to be descriptive of your goods/services or uses generic words, your mark will generally be limited to the Supplemental Register. A distinct logo, however, can “carry” the mark to the Principal Register despite the descriptive nature of your mark.

Let’s say you want to file for TRADEMARK REGISTRATION CO. for a company that offers trademark registration services. That’s a mark that is descriptive of the services offered, and will therefore would be limited to registration to the Supplemental Register. If this same mark was filed with a distinctive logo, for example:

trademark-registration-logo

 

Then, the logo could provide sufficient distinctiveness to allow registration of TRADEMARK REGISTRATION CO. onto the Principal Register (with a disclaimer for “TRADEMARK REGISTRATION CO.”).

Another situation when filing for a logo is advantageous is when there are similar marks. For example, a client wanted to register the mark HAWQUE with a design element of a flying hawk