European Union Trademark (EUTM) registration

This system represents a great advantage from the economic point of view, due to the protection gained throughout the European Community by means of a single trademark registration.

Applying for European Union trademarks is more advantageous than ever, due to the significant reduction in fees passed recently by the European Commission and the Union Member States.

Our lawyers and representatives are accredited at the European Union Intellectual Property Office, which enables us to apply directly for European Union trademarks at the EUIPO.

What is a European Union Trademark?

A European Union TRADEMARK is understood to be any sign or means which distinguishes or is used to distinguish similar products or services by different companies in the market. A good European TRADEMARK has distinguishing power and differentiating aptitude.

In particular, the following may be trademarks:

• DENOMINATIVE: words and combinations of words.
• GRAPHIC: Graphic symbols, logos, drawings, etc.
• MIXED: the combination of denominative and graphic elements.
• THREE-DIMENSIONAL: Three-dimensional shapes, including the packaging, containers and shape of the product.
• SOUND MARKS: sounds, provided that they can be represented graphically, e.g. with the stave.

What requirements should a GOOD European Union TRADEMARK fulfil?

From a business point of view, when creating a trademark, it is advisable to bear the following points in mind:

• EUPHONY: Names that are difficult to pronounce should be rejected, as should rude expressions or words, endeavouring to tend towards pleasing expressions.
• EASY TO REMEMBER: It must be easy to remember.
• EVOCATIVE: It must be suitable for transmitting the message we want the public to receive.
• PLEASANT: It must evoke pleasant ideas or impressions. Avoid rude words.

What documents are required to start the procedure?

Name and address of the interested party.

Name, emblem or logo to be registered. The application must include a graphic representation of the trademark.

Products to which the trademark will be applied, Name or sign.

Authorisation in our favour, enabling us to act in the name of the interested party.

If in any doubt, do not hesitate to contact us, and we will reply quickly and professionally (contact).

Do I have exclusive rights to use the European trademark with all products and services when I register a trademark in one classification of products and services?

As soon as the registration certificate of a TRADEMARK is granted, its owner holds the exclusive rights to its use in business. The name, logo, labels and images distinguish your product or service from other similar products and cannot be imitated or copied.

What are the advantages of registering a European Union Trademark?

Trademark rights are usually limited to those products and services that are identical or similar to the products and services of trademarks that are already registered. Thus, a trademark may have exclusive rights for certain products or services in one or several classes, and another company may rightfully use the same trademark for products or services that are not similar. Most countries have adopted the International Classification of Products and Services system. ALVAMARK can advise you on which classes you should register your trademark in so as to protect it properly.

How can I find out if a European Union Trademark is already registered?

Before applying for a trademark, the Spanish and European Community Trademark databases should be searched. Our office will perform, free of charge, a comprehensive search for your trademark prior to applying for its registration; in this way we can assess the probability of success in the granting of your trademark

What is a EUROPEAN UNION TRADEMARK?

A European Union trademark is a symbol used to distinguish products or services and which grants its owner a unitary right that is valid in all the member states of the European Union. The registration application is submitted at the Office for Harmonisation in the Internal Market. We are Authorised Agent Licensees of the Office for Harmonisation in the Internal Market (OHIM – Community Trademarks and Designs) in Alicante. Our branch is conveniently located close by said Office.

What does “A European Union trademark grants a unitary right” mean?

The community application and the European Union Trademark are valid throughout the European Union. The application and the resulting registration automatically and indivisibly cover the 25 members of the European Community. It is not possible to limit the protection to particular member states. Furthermore, there is only one procedure for registration, which is managed by the Office for Harmonisation in the Internal Market (OHIM). This entails a simplification of the formalities and the procedure:

• a single application;
• a single language for the procedure;
• a single administrative centre;
• a single dossier to process.

For how long is a Trademark registration valid?

Usually, the trademark is granted for ten years as from the date of application, and prior to its expiration it can be renewed indefinitely for successive periods of ten years.