The EU Intellectual Property Office (EUIPO) is the governing authority of all regional systems to ensure protection of EU trade marks (EUTMs) and design rights.
With a single application, the EUIPO can grant exclusive rights for either trade marks or design throughout all 27 member states of the European Union. This can be a useful alternative to filing individual applications to each national office within each country – or another alternative to using the international systems.
A EUTM registration is renewable every 10 years and can only be cancelled in respect of the whole of the EU. Importantly, it no longer covers the UK since the UK’s departure from the EU.
EU Design registrations last for a maximum of 25 years, renewable in blocks of 5 years.
Any multi-territory or pan-European trade mark or design strategy should consider the commercial intentions for the IP asset with the business. National office and EUIPO registrations can co-exist as part of a long-term plan or it may make sense to select only one option, with each route holding the power to protect threats from the other.
We provide a comprehensive range of services before the EUIPO, using our carefully selected network of teams specialised in trade marks and design. You should allow up to 9 months to complete the EUIPO registration process.
Prior to any drafting and filing of an application we can conduct searches to ensure there are no conflicts with other third-party rights. This can be at both national office and EUIPO level.
The first step is to prepare a draft of your application. For design applications this may include obtaining technical drawings to fully represent your design. For trade marks this involves drafting a specification of goods and/or services which are envisaged to be provided under your trade mark.
Design applications will typically register within three months of filing the application.
We can then arrange for your application to be filed either electronically or on paper. Trade mark applications are subject to an examination process, but design applications are not examined. During the examination phase we can assist with responses to any queries or objections raised by the Examiner before the applications are published.
Your trade mark application is then published in the EU Trade Marks Bulletin. The application is open to opposition for a period of 3 months following publication. This period is not extendable. This is the period in which third parties have the chance to file any objections to your application. We can assist you in the instance of any opposition case, assisting with responses to EUIPO communications and liaising with third parties on your behalf.
If there are no oppositions, you will typically receive your registration certificate around 6 months after the date of publication.
We can handle all portfolio management of your EUIPO trade mark and design rights, including assistance and administration in the instance of any litigation or infringement.
We are also qualified to represent your Intellectual Property cases at the UPC.
All our team members are qualified as either patent or trade mark attorneys, giving you a high-level of professionalism and delivery. Our friendly team members each carry their own specialisms and background knowledge.
We have time-honoured relationships with fellow IP attorneys globally, through which we can coordinate your international IP portfolio management.
26 Northumberland Square, North Shields, Tyne & Wear, NE30 1PW, UK
T: +44 191 570 0039 F: +44 191 247 7102 E: office@heip.co.uk