Trademark Registration and Protection in The EU

Trademark as a Tool to Stand Out

In the world of consumption, the functions performed by the trademark today provide the following benefits for the product and its manufacturer:

• the allocation of goods from the mass of homogeneous products;
• the loyalty of customers and distributors create stable demand, which simplifies the planning of further sales activities;
• segments the market and serves different groups of consumers, offering them a line of products that satisfy their needs, instead of one product;
• strengthening the reputation of the enterprise as a whole, which facilitates the creation, promotion of new brands and gaining a strong position in the market.

When planning the creation of a new trademark, you must first evaluate whether it will be appropriate to assign this designation to a particular product, taking into account indicators such as the product life cycle, the need for a separate name, the expected cost and growth of profits, the cost-effectiveness of creating a brand .

A registered trademark should not mislead consumers regarding the manufacturer or place of production. You will not be able to register a trademark in most countries of the world if your trademark acquires any of the above features. 

Please be informed that designations that are similar to trademarks already registered or claimed for registration in the EU by another person for the same goods and / or services or related to them cannot be registered.

How to protect a trademark in the EU countries?

Companies spend huge money on creating their own trademarks. Creating a trademark involves a lot of investment and time. A good trademark, which performs well, supports and strengthens the demand for the product, and unsuccessful one has a negative effect on it, it can even decrease sales to zero and hit the manufacturer’s reputation.

A well-known TM that has gained popularity and love among customers is highly valued and becomes the company's most expensive intangible asset. But how can this asset be protected from unlawful utilizing by others? 

The safe way to ensure legal protection of a trademark is to register it in the Trademark Register. It is necessary to protect your TM’s uniqueness and prohibit competitors from illegally reaping the fruits of your labors. 

For foreign applicants, there are several ways of registering a trademark in the European Union:

1. In each of the EUcountry of interest separately with the relevant national authorities. Such a procedure is advisable if the applicant is interested in registering a trademark in one or more countries of the European Union.
2. In the EU regional intellectual property office. Legal protection of the trademark of the European Union is granted in all EU countries. Such a procedure is advisable if the applicant is interested in doing business in the territory of all or most of the EU countries.
3. Madrid system with TM protection in the European Union as a region. This way is advisable if the applicant is interested in registering a trademark in many countries of the world other than the European Union.

Upon the appricant’s request, a trademark will be checked for identity or similarity with TMs previously registered in the EU and submitted applications.

How Trademarks are Regulated in the EU? How Trademarks are Regulated in the EU?

Today, all EU countries have a harmonized trademark law. EU Directive 89/104 / EEC contains the Community Trademark Regulation (EU Regulation 40/94), which has created a unified trademark law that applies throughout the European Union and provides the effect of the Madrid Protocol on the international registration of trademarks.

The Directive is based on the law on the regulation of trademarks registered with the Internal Market Harmonization Service (trademarks and industrial designs) in Alicante (Spain) (known as OHIM). OHIM registered trademark is valid throughout the EU. That is, two modes exist in parallel. The decision of the European Court of Justice has effect as an interpretation by the British Courts of the Trademark Act 1994, whether it is the result of an OHIM appeal or a redirect from a British court.

The legislation governing the registration and protection of trademarks in the EU is rather complicated and confusing. In order to avoid mistakes and inaccuracies when registering TM in Europe, we recommend that you seek professional help from lawyers and trademark registration specialists, which will save you a lot of time. Qualified lawyers of IQ Decision UK will help you with international trademark registration.