How to trademark a name and logo in the EU



Trademark a name and logo in the EU if you are serious about your business and want it to be across nations: your trademark is the only way for your customers to distinguish you from your competitors. Trademark is the value and guarantee of the brand and it prevents third parties from taking advantage of your reputation in the market[i]. In some countries, you can even get protection without registering the trademark as long as it is used[ii], nevertheless, in order to gain best and full protection, register a trademark is recommended.

In the European Union, registered trademarks are legally defined as: ¨A trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.¨ [iii]

The name and logo of EU trademark can be word mark, figurative mark, figurative mark with letters, 3D mark, color per se mark or sound mark. A registered trademark in the EU is applicable to all 28 member states in the European Union, including the UK. Through a simple application, you will obtain Europe-wide and cost effective protection.

Due to the wide coverage of EU trademark, the potential trademark opposition exists. To avoid the unnecessary lost, before submitting the application, a trademark research is required: check that if the marks or a similar one already exists; perhaps you could find an attorney in favor of your application. Whereas, gaining prove of your attorney is not easy, generally speaking, your customers want you to trademark a name and logo that is easy to understand and remember hence to build instant connections, yet your attorney might want you to trademark your business an unusual name and logo, the more unusual, not being heard before, the better.

To trademark a name and logo in the EU, the process is divided into 4 workflow periods: examination, opposition, registration and appeal. An online application at EUIPO (European Union Intellectual Property Office) costs 850 Euros and once it’s registered, the trademark can be renewed indefinitely every 10 years. Last but not the least, national level trademarks and regional trade marks are necessary for users who do not want or need protection of their trade marks at EU level[iv].

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[i] StrongAbogados Business and Legal Solutions in Spain

[ii] EUIPO (European Union Intellectual Property Office)

[iii] Article 2, Directive 2008/95/EC of the European Parliament and of the Council

[iv] [iv] EUIPO (European Union Intellectual Property Office)