EU trademark registration

Before we set anything in motion, we assess whether your trademark meets the formal requirements for trademark registration: it must be distinctive and may not be descriptive of the products or services.

Check availability before filing an EU trademark. Determine the service level for this first step: LIGHT, SOLID or GOLD. Although this step is not mandatory, it is advisable to research the possible existence of older trademarks. Experience (practice?) shows that EU trademarks are more frequently subject to opposition than national trademarks such as in the Benelux.

• Drafting the description of goods and services in accordance with the Nice classification (we draft this based on your information)
• Determining the applicant name for the trademark (a trademark can be filed in the name of a legal entity or a natural person)
• Determining the trademark to be registered (based on the assessment of the distinctive character of the trademark and the preliminary research, we determine which form — word mark, figurative mark or combination — offers the best protection at the lowest risk)

After your approval of the proposed application details, we can proceed with filing the trademark application. The application is only processed once the official fees have been paid. After filing you immediately receive an application number and filing date.

The trademark application is first assessed by the EUIPO on the “formal” requirements:

• Classification: check of the class breakdown and the description of goods and services
• Applicant: the legal form and address details must be complete. Note: the EUIPO does not check against the commercial register
• Trademark: the trademark must be admissible (absolute grounds check). The EUIPO not only assesses whether the trademark is distinctive, but also whether it is not deceptive or contrary to public order or morality

If the application is not fully in order, we receive a notice from the EUIPO requesting us to make corrections within 2 months. Answering questions about the description or the applicant details is free of charge. An objection to a refusal of the trademark itself costs €250.

If the formal examination has been successfully completed, the trademark is accepted and published for opposition. A 3-month period then starts during which third parties may file an opposition against the trademark application. You often only receive notification of an opposition at the last moment. Should that be the case, we will of course discuss this with you and advise on the best approach. Approximately 2 weeks after expiry of the opposition period, it will be clear whether an opposition has been filed. If not, the trademark is definitively registered and you will receive the digital registration certificate.

We will send you the registration certificate once the procedure has been completed and inform you about important points to keep in mind:

• Use requirement — An EU trademark must be used within 5 years of registration for the purposes for which it was filed. Use that differs from the registered form can affect protection.
• Renewal — An EU trademark registration is valid for 10 years from the application date and can always be renewed with a new period of 10 years.
• Changes to the trademark — It is NOT possible to make changes to a trademark once filed. In case of changes, a new trademark application is often necessary.
• Changes to trademark owner details — During the lifetime of a trademark, things may change on the trademark owner’s side, e.g. name or address. These changes must be reported to the EUIPO.
• Enforcement of trademark rights — Trademark owners must actively ensure that action is taken against infringements. That is a task for the trademark owner themselves, supported by us.

From the first advice about your trademark to the definitive trademark registration: Rise guides and handles the entire process.