ID
int64 0
363
| question
stringlengths 15
187
| source
stringclasses 1
value | answer
stringlengths 2
1.66k
| category
stringclasses 19
values |
|---|---|---|---|---|
149 | Can I file any observations on communications from the other party to the appeal proceedings? | EUIPO | Yes. The person that appeals is the ‘appellant’ the other party is called the ‘respondent’. The respondent can submit observations on the appellant’s statement of grounds. The Board usually sets this time limit at 2 months after the statement of grounds has been notified.
If these observations are provided by the respondent, the appellant, as an exceptional case, can be invited to reply (again, within 2 months of the notification of the reply). The respondent may submit a rejoinder.
Further information on looking after your rights. | tradeMarks-appeal |
125 | Do I have to translate the certificates issued by national offices attesting that I am the proprietor of the trade marks upon which the opposition is based? | EUIPO | Yes. The language of the proceedings is established when the opponent chooses one of the Office’s languages, which must also coincide with one of the two languages indicated in the EU trade mark application. All correspondence with the Office, as well as any documents upon which opponents base their rights, must be drawn up in or translated into the language of the proceedings.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 1, Procedural Matters. | tradeMarks-opposition |
202 | What does design mean? | EUIPO | According to the definition given in the Community design regulation ‘design’ means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation. | designs-basic |
353 | Is my trade mark protected from the moment I file the application? | EUIPO | EU trade mark protection is obtained by registration. However, the EU trade mark application entitles the applicant to file oppositions against trade mark applications filed later that may be identical or similar to the applicant’s trade mark for identical or related goods and/or services (see FAQs on opposition).
Additionally, an EU trade mark application may be transferred, subject to rights in rem, levied in execution, involved in insolvency proceedings and licensed, among other possibilities. All changes in the Register can be found in the Guidelines, Part E, Register Operations. | tradeMarks-basic |
348 | What is a product/good or a service? | EUIPO | Product/good: any kind of item that may be traded.
Service: the provision of activities in accordance with human needs.
Your application for a European Union trade mark must contain a representation of the trade mark you want to register and a list of the goods and/or services to be covered by the mark (see Article 31 EUTMR for all conditions with which applications must comply or the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 4 for more details). | tradeMarks-basic |
184 | Can an opposition be filed? | EUIPO | Opposition notices may be filed within the period of 3 months beginning 1 month following the date of republication in the EUTM Bulletin in Part M dedicated solely to international registrations (consult eSearch plus, Daily publication section).
Oppositions filed prior to this period will be deemed to have been filed on the first day of the opposition period.
If an opposition is filed, the EUIPO will verify its admissibility and then notify WIPO with a provisional refusal based on the opposition proceedings. If the opposition is successful the Office will inform WIPO of the refusal of the international registration. | tradeMarks-internationalRegistration |
22 | Is it possible to request an expeditious examination of my application once submitted? | EUIPO | To have your application examined swiftly, you should do the following.
Pay upfront — if you are paying via current account, please note you will need to accept to be debited immediately. If you are paying via bank transfer, you have to make the transfer immediately after the application’s submission. Please use the transaction banking code supplied in the receipt.
Use the prepared form to be taken to your bank (to be found in your confirmation receipt once you have filed the application).
Comply with the conditions of Fast Track* by selecting the adequate goods and services.
* If no objections are found during the examination procedure your file will be treated more quickly.
Further information regarding the whole registration process, which includes the process until publication. | tradeMarks-Registration |
182 | Can I make seniority claims? | EUIPO | Seniority claims and searches are dealt with in parallel by the EUIPO. Seniority of a prior registration can be claimed using a separate official form (MM17) to be annexed to the international application.
The seniority examination is based only on the documents that are provided by the applicant. Seniority of a prior registration can be claimed using a separate official form (MM17) to be annexed to the international registration. | tradeMarks-internationalRegistration |
345 | Territorial scope of the EUTM | EUIPO | The scope of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (EUTMR) extends to certain territories which have special relationships with EU Member States. The Office, together with the European Commission, sets out the situation under EU law for some of the relevant territories in the list below. | tradeMarks-basic |
203 | What are the requirements for protection of a design in the EU? | EUIPO | For Community design protection, a design must be new and have an individual character.
There are two kinds of Community designs:
unregistered Community design; and
registered Community design.
| designs-basic |
195 | Where are the fees for a division application? | EUIPO | EUIPO does not charge for this service. However, please note that a CHF 177 fee is charged by WIPO to record the divisional application. | tradeMarks-internationalRegistration |
234 | What are the formal requirements for an online application? | EUIPO | You can find all the information you need about preparing your online application in the Before applying section. | designs-Registration |
33 | How can I track down my ID number? | EUIPO | You can track down the ID numbers when you search for your trade mark in the EUIPO online databases, eSearch plus or TMview. | tradeMarks-Registration |
148 | Can time limits be extended on request? | EUIPO | It depends. For example, deadlines set by the Regulation, where the Board of Appeal has no discretion (such as that for filing a Notice of Appeal or Statement of Grounds) cannot be extended. In these cases the only option is to seek restitutio.
On the other hand, deadlines set by the Board, and those in the Regulation where some discretion exists, can be extended (for example, further time to provided submissions or observations).
However, there are some conditions. An extension will only be possible if the relevant request is filed and received before the expiry of the original term. Parties must justify and provide reasons in each request for an extension. In the absence of any reasons or justifications for extension, the request will be refused. Where a request is made jointly by two parties it should be signed by both.
In general, multiple extensions of the same time limit will be refused, unless there are exceptional circumstances supported by evidence which justify a further extension. | tradeMarks-appeal |
94 | How can I find out if a similar trade mark or design is already registered? | EUIPO | One way of checking whether or not your trade mark or design has already been registered is to consult the Office’s free search online tools: TMview, DesignView and/or eSearch plus. | tradeMarks-searchAvailability |
51 | What is the difference between priority and seniority? | EUIPO | The right of priority has the effect that the date of priority will count as the date of filing of the EU trade mark application for the purposes of establishing which rights take precedence.
Seniority has the sole effect under the EU trade mark regulation that, where the proprietor of the European Union trade mark surrenders the earlier trade mark or allows it to lapse, the proprietor will be deemed to continue to have the same rights as he or she would have had if the earlier trade mark had continued to be registered.
Note that seniority may only be claimed for an earlier registration, not for an earlier application. | tradeMarks-Registration |
335 | May an international registration be declared invalid? | EUIPO | In order to revoke or cancel the effects of an international registration in the EU territory, third parties may institute proceedings for declaration of invalidity according to the same rules as for a declaration of invalidity of a registered Community design, namely third parties may either submit an application for a declaration of invalidity to the EUIPO or institute a counterclaim for invalidity before a Community design court. | designs-internationalRegistration |
173 | How do I designate the EU in an international application or in a subsequent designation? | EUIPO | To file an international application, it is compulsory to use the form on the WIPO website in English, French or Spanish. | tradeMarks-internationalRegistration |
108 | Is a copy of the deed of transfer required in order to record a transfer? | EUIPO | It is sufficient for the parties to show agreement to record a transfer of ownership in the Register. A request in this respect signed by both parties would be sufficient. If the parties appoint a common professional representative before the Office, the representative may sign that request on their behalf. In such cases, it is not necessary to file additional evidence of transfer, such as a copy of the deed of transfer. In all other cases, evidence of the transfer (such as a signed copy of the deed of transfer) is necessary.
Further details of the formal and substantive requirements of an application to record a transfer of ownership can be found in the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1,Transfer. | tradeMarks-register |
212 | What is a modular system whose protection may be sought under Article 8(3) of the Community designs regulation? | EUIPO | A modular system is a number of items that are designed to be connected in a number of ways. A typical example would be building blocks or tiles for children. This notion is also of particular relevance to the furniture industry as it includes items such as desks and tables, which may consist of a number of smaller tables that can be assembled in alternative configurations.
For further information, please consult:
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community Designs, Article 8;
Current designs practice.
| designs-basic |
55 | What is acquired distinctiveness by use? | EUIPO | Acquired distinctiveness is a claim that can be made when registering a trade mark that is not distinctive per se but that has become distinctive as a consequence of its use on the market.
To be registered, a trade mark should be ‘inherently distinctive’, that is, it should be distinctive, non‑descriptive and should not consist of words or signs that are customary in everyday language. However, as an exception to this rule, a sign can be registered if the applicant submits evidence of acquired distinctiveness of the mark by use. In this case, they will need to prove that at least a significant proportion of the relevant public perceives the sign as a trademark (i.e. that they identify the goods and services claimed in the application as originating from a particular undertaking).
The Office will only examine the acquired distinctiveness of a trade mark when it is explicitly requested by the applicant, never of its own motion. The claim of acquired distinctiveness has to be filed either as a subsidiary claim or as a principal claim.
For more information, please consult our Guidelines. | tradeMarks-Registration |
120 | In what language must the notice of opposition be filed? | EUIPO | The Opposition Division of the EUIPO uses the five languages of the Office (English, French, German, Italian and Spanish). The notice of opposition may only be filed in one of these languages and the language must also coincide with one of the two languages chosen by the applicant for the European Union trade mark, as indicated upon publication of the application in the EU Trade Marks Bulletin. This language will then be used throughout the opposition proceedings. | tradeMarks-opposition |
228 | How many design views can you submit? | EUIPO | The design must be represented by at least one view, but you can submit up to seven views per design, plus three extra unprotected views. The same applies to multiple applications, with up to seven views permitted for each design.
In cases where more than seven views are submitted, the EUIPO will disregard any extra views for registration and publication purposes and use the views in the consecutive order as numbered by the applicant (Article 4(2) CDIR).
Find further information on design filing tips and best practices here.
Further information can be found in the Guidelines, Examination of Applications for Registered Community Designs. | designs-Registration |
44 | Does 'collective' mean that the EU trade mark belongs to several persons? | EUIPO | No, ‘collective’ does not mean that the mark belongs to several persons (co-applicants/co-owners) or that it designates/covers more than one country (the EU trade mark system covers all EU countries automatically).
Under the European Union trade mark regulation (EUTMR), there are specific provisions on the protection of collective marks. Being an indication to serve to designate the geographical origin of the goods or services is not an obstacle for the registration of a collective mark. This is in contrast to an individual EU trade mark, where such a geographical indication cannot be registered.
An applicant for a collective mark has to submit regulations governing its use within 2 months of the date of filing.
You can find further information under Articles 74 to 82 of the European Union trade mark regulation (EUTMR) and in the Guidelines, Part B, Examination, Section 4, Absolute Grounds for Refusal, Chapter 15, European Union Collective Marks. | tradeMarks-Registration |
159 | What language will mediation proceedings be held in? | EUIPO | In principle, mediation proceedings will be held in the language of the appeal proceedings. However, the parties are free to agree a mutually convenient language, subject to the availability of a mediator with a mastery of the language in question.
Find further information on mediation here. | tradeMarks-mediation |
337 | When does an international registration enter into effect in the EU territory? | EUIPO | In accordance with Article 106d of the registered Community design regulation (introduced by amending Regulation No 1891/2006), an international registration of a design designating the EU will, from the date of its registration, have the same effect as a registered Community design, if no refusal has been notified or if any such refusal has been withdrawn.
Further information regarding registration. | designs-internationalRegistration |
72 | What are the filing date requirements? | EUIPO | A filing date is accorded where the application fulfils the following requirements:
the application fee has been paid;
the application is a request for the registration of an EUTM;
the application contains information to identify the applicant;
the application contains a representation of the trade mark;
the application contains a list of goods/services.
If any of the above requirements are not met, a deficiency letter will be sent, requesting that the applicant provide the missing item within 2 months of the notification of the deficiency letter. This time limit is not extendable. The filing date will be changed to the date on which all mandatory information is complete, including the payment.
For further explanation consult the Guidelines, Part A, General Rules, Section 3, Payment of Fees, Costs and Charges. | tradeMarks-fees |
129 | Can the successful party in opposition proceedings get the refund of the costs of it? | EUIPO | The decision on apportionment of costs is given in a decision on substance. In all other cases where the EUIPO Opposition Division closes the case, a decision on costs is attached to the notification. Where the costs are limited to representation costs and the opposition fee, the decision fixing the amount of costs will be included in the decision on the apportionment of the costs according to the ceilings set out in Article 18 of the EU trade mark implementing regulation.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 1 Procedural Matters. | tradeMarks-opposition |
328 | How much does it cost to designate the EU in an international application? | EUIPO | For an international application, in addition to a basic fee and a publication fee, a fee has to be paid for each Contracting Party designated in the international registration. The fee depends on the specific Contracting Party. All fees have to be paid in Swiss Francs to WIPO. For further information, please consult WIPO’s fee calculator.
For more information regarding how to apply, see the Guidelines, Examination of Applications for Registered Community Designs. | designs-internationalRegistration |
86 | What is an economic connection? | EUIPO | Employees of legal persons may represent other legal persons provided that the two legal persons have economic connections with each other. Economic connections in this sense exist when there is economic dependence between the two legal persons, either in the sense that the party to the proceedings is dependent on the employer of the employee concerned, or vice versa. This economic dependence may exist:
either because the two legal persons are members of the same group; or
because of management control mechanisms (T‑512/15, § 33 et seq.).
However, the following are not sufficient to establish economic connections:
a connection by virtue of a trade mark licensing agreement;
a contractual relationship between two enterprises aimed at mutual representation or legal assistance;
a mere supplier/client relationship (e.g. on the basis of an exclusive distribution or franchising agreement).
Where an employee representative wishes to rely on economic connections, they must tick the relevant section in the official form, and indicate their name and the name and address of their employer. It is recommended to give an indication of the nature of the economic connection, unless evident from the documents submitted.
For further and more detailed information regarding economic connections, see the Guidelines, Part A, General Rules, Section 5, Professional Representation, paragraph 2.4.2, Representation by employees of a legal person with economic connections | tradeMarks-representation |
47 | Is there a procedure to file a priority claim? | EUIPO | Priority claims must be filed together with the EU trade mark application and must include the date, number and country of the previous application.
It must be taken into account that the Office will publish the priority claim ‘as filed’, meaning that the Office will not confirm the validity of the priority claim.
For information concerning the evidence to be provided (copy of relevant first application, language and time limits) when claiming priority or seniority, see Decision No EX‑05‑5 of the President of the Office of 01/06/2005.
For further explanation consult the Guidelines, Part B, Examination, Section 2, Formalities.
Please access our EUTM Filing form for more information on how to add a priority claim to your online application. | tradeMarks-Registration |
332 | Does the EUIPO keep a register of international registrations? | EUIPO | No. International registrations designating the European Union are published by WIPO in the Hague Express Bulletin.
This international Bulletin is available on the WIPO website and it is updated weekly. | designs-internationalRegistration |
67 | What is the deadline to file a request for conversion if the EU trade mark application was withdrawn, the EU trade mark was surrendered or the registration was not renewed? | EUIPO | The request for conversion must be filed within 3 months of the date on which the EU trade mark application was withdrawn or the EU trade mark ceased to have effect. | tradeMarks-deadlines |
34 | How can I file an application? | EUIPO | You can file an application by:
Creating a Web Account via the User Area;
Filing it using our Advanced form.
Once your application has been validated, the system will create an EUTM application number for you. | tradeMarks-Registration |
90 | Where can I find a representative? | EUIPO | You can search for representatives which domicile is within the EEA ( European Economic Area) in our public database, eSearch plus. This database provides easy access to information on all types of representatives (associations, employees, lawyers or EUIPO professional representatives), and is updated on a daily basis. | tradeMarks-representation |
285 | How much 'public' must be reached for a disclosure to be valid? | EUIPO | Disclosure will not be taken into account if the design, after disclosure, is not known ‘in the normal course of business to the circles specialised in the sector concerned operating within the European Union’.
Consequently, the design must be known at least by the interested circles of the sector concerned within the European Union and the date of disclosure must be certain.
For more information, see the Guidelines, Examination of Design Invalidity Applications. | designs-unregisteredDesign |
133 | When can an EU trade mark be declared invalid? | EUIPO | There are two types of grounds for invalidity: absolute and relative. Absolute grounds for invalidity include the grounds for refusal that have been examined ex officio during the registration procedure. Relative grounds for invalidity concern earlier rights that take precedence over the EU trade mark in accordance with the principle of ‘priority’.
An EU trade mark may be declared invalid by invoking absolute grounds in the following cases.
Where the EU trade mark was registered in spite of the existence of an absolute ground for refusal (in particular, if it was non-distinctive or descriptive).
Where the applicant acted in bad faith when filing the application. This mainly concerns cases where the applicant was pursuing illicit aims in filing the application for the trade mark.
An EU trade mark may be declared invalid by invoking relative grounds in the following cases.
For the same reasons as those for which notice of opposition may be filed.
Where another earlier right exists in a Member State that permits the use of the trade mark in question to be prohibited. This concerns, in particular, a right to a name, a right of personal portrayal, a copyright and an industrial property right such as an industrial design right.
Additional information on looking after your rights.
Further details can be found in the Guidelines, Part D, Cancellation, Section 1, Proceedings. | tradeMarks-invalidity |
128 | What do I have to submit as proof of use? | EUIPO | The evidence submitted must consist of ‘indications concerning the place, time, extent and nature of use of the opposing trade mark for the goods and services in respect of which it is registered and on which the opposition is based’. For example, evidence may consist of supporting documents and items such as packages, labels, price lists, catalogues, invoices, photographs, newspaper advertisements, and sworn or affirmed statements.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 6, Proof of Use. | tradeMarks-opposition |
58 | I have made a principal claim on acquired distinctiveness: when do I have to file my evidence of use? | EUIPO | If the claim was filed with the application, when the Office raises an objection to the mark, the applicant will be invited to submit the relevant evidence and its observations on the objection within a specific deadline.
If the applicant makes a principal claim in response to the first objection letter, but does not submit evidence at the same time, the Office will issue a communication requesting the applicant to file the evidence within 2 months. | tradeMarks-Registration |
154 | Why might I want to choose mediation? | EUIPO | The Boards of Appeal deal with around 2 500 cases per year. An average case takes 1.5 years to resolve and some may also lead to further appeal. This can be an expensive and time-consuming process. Yet in many cases – although there are genuine legal conflicts – it is possible to reach an agreement in which the business interests of both parties can be preserved. Mediation is a faster and cheaper alternative to litigation but still involves skilled professionals (mediators) that are well versed in IP matters. It also guarantees the confidentiality of the dispute, as the dispute is removed from the public eye. Mediation traditionally has a high rate of success.
Find further information regarding the rules on mediation here. | tradeMarks-mediation |
217 | What is a utility model? | EUIPO | A utility model is an exclusive right granted for an innovation. It is similar to a patent and is sometimes referred to as a ‘petty patent’ or an ‘innovation patent’. It may be granted to anyone who invents or discovers a new and useful machine, article of manufacture, composition of matter, or any new useful improvement thereof. Utility models do not exist in all EU Member States and utility model protection cannot be obtained at EU level.
Further information on the list of countries and regions that provide utility model protection. | designs-basic |
199 | EU trade marks filed or registered before accession - will they be translated into the new languages after accession? | EUIPO | No. EU trade marks that have been applied for or registered before accession of new Member States will not be translated or published in the new languages. However, as from the date of accession, the new official languages of the Member States have become official languages of the EU and therefore all EU trade marks applied for on or after that date are translated into the new official languages. | tradeMarks-EnlargementEU |
1 | What are the fees for an application of an EU trade mark? | EUIPO | For the registration of an EU trade mark, an application has to be filed. There is a unique fee to be paid per application.
The fee amount depends on:
whether it is filed by electronic means;
whether it is an individual EU trade mark, EU collective or an EU certification mark;
how many classes of goods and/or services are covered in your application (usually there are two fees to consider: the basic fee and the class fee).
You can find more information about the fees structure in the fees and payments section on the website. You can also calculate the exact fee depending on the number of classes and filing method of your application by using the fee calculator.
The basic fee and, where appropriate, class fees, must be paid within 1 month of the filing of the application to keep the provisional filing date. Where the fee is not paid within 1 month, the provisional filing date will be lost. | popular |
333 | Does the EUIPO (re-)publish international registrations? | EUIPO | No, the EUIPO does not (re-)publish international registrations. Only WIPO publishes international registrations on their website in the International Designs Bulletin. | designs-internationalRegistration |
96 | Does the Office carry out searches for identical or similar trade marks? | EUIPO | Yes, if the applicant requested this in the advanced application form. For each EU trade mark application and international registration designating the EU, the Office then draws up a European Union search report during the examination procedure. This report indicates earlier identical or similar EU trade marks and EU trade mark applications and international registrations designating the EU for identical and similar classes of goods and services. The search includes earlier marks with goods and services falling into the same class, as well as into conflicting classes that typically include similar goods and services.
For more information, please consult our registration process section. | tradeMarks-searchAvailability |
40 | What is a mark description? | EUIPO | It is no longer obligatory to add a description to any type of EU trade mark. Descriptions are optional in Article 3 of European Union trade mark implementing regulation (EUTMIR) for position marks, pattern marks, colour marks consisting of a combination of colours and motion marks. For these marks, where the representation is accompanied by a description, that description must accord with the representation and must not extend its scope. | tradeMarks-Registration |
162 | How long will mediation take? | EUIPO | In principle, mediation is expected to last 1 day, perhaps after 1 preliminary meeting. If no satisfactory outcome has been achieved by then, it can be very difficult to reach a settlement. However, particularly complex cases may need more time.
Find further information on mediation here. | tradeMarks-mediation |
229 | What is the maximum number of views taken into account in a RCD application? | EUIPO | The maximum number of views taken into account in an RCD application before the EUIPO is seven. If you wish to use the design application as a basis for a priority claim in a subsequent design application in another registration system, the surplus views will be archived in the RCD application file. If you ask the EUIPO for a certified copy of your RCD application to submit as the basis for your priority claim, this copy will contain all the information relating to the RCD application, including the surplus views.
For further information visit our Apply now section. | designs-Registration |
186 | What happens when the EUIPO does not accept the international registration for the EU? | EUIPO | If the international registration’s designation of the European Union is rejected by the EUIPO it is possible to convert it under Article 202 of the EU trade mark regulation into:
a national trade mark application for EU Member States;
a designation of a Member State party to the Madrid Protocol (so-called ‘opting back’).
| tradeMarks-internationalRegistration |
289 | Is there a nationality clause for an unregistered Community design or is it sufficient for the design to be disclosed in the European Union (EU)? | EUIPO | Nationality cannot interfere in obtaining design protection in Europe. A design disclosed within the EU, in accordance with the conditions of protection and of disclosure, is a right that vests in the person (legal or natural) who has disclosed it regardless of the nationality of that person. | designs-unregisteredDesign |
124 | Can I base my opposition on trade marks belonging to my company and another subsidiary company? | EUIPO | No. The opponent must be a single natural or legal person and must base the notice of opposition on trade marks of which the opponent is the proprietor. Consequently, if an opposition to an EU trade mark application is based on several trade marks belonging to different companies (different natural or legal persons), each person will have to file a separate notice of opposition.
There can only be more than one opponent on the same notice of opposition when they are co-proprietors of the opposing trade marks.
Further details on this matter can be found in the Guidelines, Part C, Opposition, Section 0, Introduction. | tradeMarks-opposition |
46 | What does it mean to 'claim priority' of an earlier application? | EUIPO | Priority may be claimed of one or more previous trade mark applications, namely a national (or Benelux) application filed in or for a State party to the Paris Convention, a member of the WTO, a State for which the Commission has confirmed reciprocity, or an EU trade mark application.
The ‘convention priority’ right is a right limited in time, which is triggered by the first regular filing of a trade mark. A regular national filing is any filing that is adequate to establish the date on which the application was filed in the country concerned, whatever the subsequent fate may be of the application (Article 4(3) of the Paris Convention). It may be claimed during the 6 months following the first filing.
Priority claims must be filed together with the EU trade mark application or in a separate communication filed on the same date as the EUTM application. Further details on the principles and formalities of ‘convention priority’ claims can be found in the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 15, (Convention) Priority, and in the specific section of the legislative reform FAQs. | tradeMarks-Registration |
88 | What is the procedure to be included in the list of professional representatives? | EUIPO | To be included in the list of professional representatives, please complete, sign and date the application form and send it to us. You must enclose a certificate issued by a national office or refer to the block certificate in which you are listed as a qualified representative.
For additional information about professional representatives in design matters, see the notes on the application form for entry on the Special List of Professional Representatives.
For further information regarding professional representatives, see the Guidelines, Part A, General Rules, Section 5, Professional Representation. | tradeMarks-representation |
26 | Can an EU trade mark application that has been refused or declared invalid or revoked be converted into a national trade mark application? | EUIPO | An EU trade mark application that has been refused, or an EU trade mark that has been declared invalid or revoked, may be converted into a national trade mark application in all the Member States of the European Union in which the ground for refusal does not apply. The ensuing national trade mark application will retain the filing date of the EU trade mark application. | tradeMarks-Registration |
181 | How does the Office communicate with the applicant during the examination process? | EUIPO | The first communication is sent to the holder via WIPO. Thereafter, the communication channel is established directly between the EUIPO and the holder or the holder’s representative.
The EUIPO has 18 months to inform WIPO of all possible grounds for refusal of the EU designation. The 18‑month period starts on the day on which the EUIPO is notified of the designation. If an objection is not overcome, a final decision is sent to the holder. The final decision may be appealed before the Boards of Appeal. Once the appeal procedure has been exhausted and the decision is final, a refusal notification is sent to WIPO.
If there are no grounds for refusal the Office will issue an interim status to WIPO. This statement will be transmitted to the holder, published in the International Gazette and entered in the International Register. | tradeMarks-internationalRegistration |
145 | In what language should the notice of appeal be filed? | EUIPO | Notice of appeal must be filed in the language of the proceedings in which the decision subject to appeal was taken. | tradeMarks-appeal |
291 | What to do if an unregistered Community design is being copied? Can the EUIPO do anything about it? | EUIPO | Infringement actions are not dealt with by the EUIPO but by the Community design courts, which are designated by the Member States. If your design is copied, you must then sue the person who has infringed your right before one of these courts.
Find out more about registration to avoid this situation. | designs-unregisteredDesign |
160 | Will mediation be provided by EUIPO staff? Are they trained mediators? | EUIPO | The mediation team is made up of qualified mediators drawn from various parts of the Office, not just the Boards of Appeal. They are all experienced senior staff members who have received special training with the Centre for Effective Dispute Resolution (CEDR) and/or the Chartered Institute of Arbitrators (CIARB) in London. The mediators speak many different languages.
Find further information on mediation here. | tradeMarks-mediation |
0 | How to track down the status of my application? | EUIPO | Status of current applications can be followed online through the User Area and/or eSearch plus.
EUIPO applications are published online on eSearch plus, a database that provides you with comprehensive information about trade marks, designs, owners, representatives and bulletins.
The registration process has four steps. More information. | popular |
123 | Can I base my opposition on several different trade marks of which I am the proprietor? | EUIPO | Natural or legal persons may file a notice of opposition based on as many trade marks as are considered necessary, provided that they are the proprietors.
Further details can be found in the Guidelines, Part C, Opposition, Section 0, Introduction. | tradeMarks-opposition |
52 | What is the registration date of an EU trade mark? | EUIPO | It is the date on which the EU trade mark is entered in the Register of European Union trade marks (before giving the go-ahead for publication of the registration in the European Union Trade Marks Bulletin (EUTM Bulletin). On the certificate of registration, this date follows the word ‘Registered’ in the bottom left-hand corner of the first page.
The registration of an EU trade mark will confer on the proprietor exclusive rights therein. The rights conferred by an EU trade mark will prevail against third parties from the date of publication of the registration of the trade mark.
For more information concerning EU trade mark registration procedure, please visit the Registration process page. | tradeMarks-Registration |
57 | When to submit a claim on acquired distinctiveness by use? | EUIPO | The Office examines the alleged acquired distinctiveness of a trade mark only upon an explicit claim from the applicant.
Claims can be made in the application for registration, or as long as the time period to submit observations in reply to the first objection letter of the Office has not expired.
The claim itself is not sufficient; it has to be clearly and precisely identified as being principal or subsidiary. If the type of claim is not clear, the Office will issue a deficiency letter and give a time limit to the applicant to clarify.
For more information, please consult our Guidelines. | tradeMarks-Registration |
192 | Can a merger application be submitted before the EUIPO relating to an international registration? | EUIPO | No. Our regulations do not contemplate mergers for registrations, so the Office is not bound by this new provision of the Madrid Agreement and Protocol since according to Article 182 EUTMR only provisions contained in our regulations will apply to international registrations designating the EU. | tradeMarks-internationalRegistration |
151 | Can the respondent request the amendment or annulment of the appealed decision on a point not raised in the appeal? | EUIPO | Yes. This is called a ‘cross-appeal’ and it must be made within the time limit for filing the observations in response to the statement of grounds. The cross appeal must be filed in a separate document.
More information regarding Invalidity applications can be found in the Guidelines, Examination of Design Invalidity Applications. | tradeMarks-appeal |
194 | How do I submit a division application relating to an international registration before the EUIPO? | EUIPO | You can now submit a division application by using WIPO Form MM22 (available in the Madrid System languages, English, French and Spanish).
The application form must be submitted together with an additional page containing the list of goods/services that are to remain in the initial international registration (IR).
The application form must be filed via official means of communication, either online (via eComm), by fax or by post / special courier. To file your division application online, please log in to your User Area, go to eSearch plus, enter your IR number and under ‘Actions and communications’ select the option ‘send communication’.
Please read our guidelines on means of communication and Decision No. EX‑17‑4 of the Executive Director of the Office of 16/08/2017 concerning communication by electronic means.
The division application process entails the following steps:
the user presents the request to the Office by submitting Form MM22 in the language of the international registration;
EUIPO examines the request and transmits it to WIPO (if it is admissible under our regulation);
if the request complies with the requirements of Rule 27bis of the Common Regulations under the Madrid Agreement and Protocol, including the payment of the international fee, WIPO records the division and creates the divisional international registration in the International Register;
WIPO then notifies EUIPO which creates the divisional application in its database.
| tradeMarks-internationalRegistration |
105 | There has been a change of ownership. How can I record this change? | EUIPO | Transfer requests are an exception as there is a fee. Please consult the fees payable directly to the EUIPO section for detailed information regarding the transfer of a licence (see fee code F‑023).
Further information regarding how to change personal data for owners.
For further information on transfer in RCDs, see the Guidelines, Examination of Applications for Registered Community Designs. | tradeMarks-register |
336 | Is it possible to appeal a decision of an examiner at WIPO? | EUIPO | WIPO only performs an examination as to formalities required. The substantive examination, if any, is carried out by the offices of the designated Contracting Parties. In the case of irregularities as to the form, the applicant is given 3 months in which to remedy them. | designs-internationalRegistration |
157 | What about mediation in opposition or cancellation decisions? | EUIPO | At present, mediation is only available for appeals. However, this could change in the future.
For further information, please consult EUIPO Boards of Appeal, Mediation, Instructions to Parties. | tradeMarks-mediation |
103 | What does an entry in the Register mean? | EUIPO | An entry in the Registers is a recordal by the Office.
Recordals concern the modification of information in the Register — updating or amending previously entered information in the files of EUTM and Community designs applications or registrations.
The most common recordals are: transfers/changes of ownership, appointment of a representative, changes in the name and/or address of the proprietor, seniority claims, licences, etc.
All these entries are listed in:
Article 111(3) EUTMR for EU trade marks;
Article 69(3) CDIR for registered Community designs.
An entry in the Registers is a Recordal by the Office. They include mainly modifications of the owner’s information, licenses and rights in rem. More information on managing your design and keeping the Register information up to date is available under the ‘Property’ tab in the Manage section of the website.
For further information, see the Guidelines, Examination of Applications for Registered Community Designs. | tradeMarks-register |
68 | What is the deadline to remedy deficiencies in my EU trade mark or design application? | EUIPO | Where the EU trade mark or design application does not satisfy the requirements of the EU trade mark regulation or Community design regulation, the Office will ask the applicant to remedy the deficiencies or the default on payment within 2 months of notification of the deficiency. | tradeMarks-deadlines |
101 | How can I check if a '.eu' domain name is available? | EUIPO | EURid is a non-profit organisation appointed by the European Commission to manage the .eu domain name. It also plays an active role in protecting .eu domain holders’ rights against fraud. | tradeMarks-searchAvailability |
11 | Can I file an application via e-mail? | EUIPO | No. Applications can be submitted using electronic means (including the EUIPO online tools as specified in Question How to apply for a European Union trade mark), by post or by courier. No document intended for a specific file is accepted via email. | tradeMarks-Registration |
48 | What is an exhibition priority? | EUIPO | If an applicant for an EU trade mark has displayed goods or services under the mark applied for at an officially recognised exhibition, the applicant can claim exhibition priority within 6 months of the first display. Evidence of the display must be filed.
Further details on the principles and formalities of ‘exhibition priority’ claims can be found in the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 16, Exhibition Priority. | tradeMarks-Registration |
112 | How will I know if an application for a European Union trade mark that is similar to my national trade mark has been filed? | EUIPO | The existence of earlier rights constitutes a relative ground for refusal of the registration of a European Union trade mark. The Office does not examine of its own motion such grounds for refusal. Consequently, the EU trade mark application is published in the EU Trade Marks Bulletin and a period of 3 months is given in which to file notice of opposition to protect earlier rights that the future European Union trade mark could affect.
Therefore, the European Union Trade Marks Bulletin constitutes the means of informing when a European Union trade mark application has been filed, thus allowing the proprietors of earlier rights to protect such a right.
You can also create an alert within your User Area, which can notify you of similar trade marks to yours being filed.
Further details on searches can be found under FAQs Search Availability. | tradeMarks-opposition |
177 | What second language can be indicated in an international application designating the EU? | EUIPO | An international registration designating the EU must indicate a second language from the EUIPO’s official languages (English, French, German, Italian and Spanish). If a second language is not chosen, the EUIPO will object to the application and will postpone the republication until the second language has been duly indicated. | tradeMarks-internationalRegistration |
233 | Can I file online in any of the European Union languages? | EUIPO | Yes. The online application form is available in all of the EU languages. | designs-Registration |
224 | What is the Locarno Classification? | EUIPO | The Locarno Classification is the international classification system for industrial designs administered by the World Intellectual Property Organization (WIPO). The European Union Intellectual Property Office (EUIPO) has compiled a list of products based on the Locarno Classification, known as the EuroLocarno list. This list is for classifying goods indicated both in registered Community designs (RCDs) and in RCD applications.
When indicating the goods in a design application, applicants are strongly advised to use the terms from the Locarno Classification or EuroLocarno in order to avoid delays in the registration procedure caused by the need to translate the terms submitted.
Find further information on Locarno Classification (designs) here. | designs-Registration |
139 | Is it possible to rely on several grounds for cancellation? | EUIPO | An application for cancellation may be based on several different grounds. However, unless a fee for invalidity and a fee for revocation is paid, it is not possible to rely both on grounds for invalidity and for revocation in the same request, as invalidity and revocation are considered two different proceedings with different characteristics.
For further information please consult Defending your trade mark and EUTM Guidelines. | tradeMarks-invalidity |
171 | What is the role of WIPO? | EUIPO | WIPO, through its International Bureau, administers the Madrid Protocol together with the Madrid Arrangement (the two treaties forming the so-called Madrid System). When receiving an international application from an office of origin, it checks in particular that all the filing requirements are met and that the goods and services are correctly classified. If so, it registers the mark in the International Register and it publishes it in the International Gazette. The International Bureau then notifies the international registration to the offices of the designated countries.
The International Bureau does not examine whether the mark as such qualifies for protection, or whether an identical or similar mark has already been registered; that is a matter for the offices of the designated countries. | tradeMarks-internationalRegistration |
16 | How can I select my EU trade mark classification? | EUIPO | When filing an electronic application, users can select preapproved terms to build their list of goods and services. These terms originate from the Harmonised Database (HDB) and will automatically be accepted for classification purposes. Using these preapproved terms will facilitate a smoother trade mark registration process. The HDB brings together terms that are accepted for classification purposes in all EU offices.
Before filing an application users can:
search the content of the HDB using the Office’s TMclass tool
| tradeMarks-Registration |
136 | How much does an application for cancellation cost? | EUIPO | For an application for revocation or a declaration of invalidity to be deemed filed, a fee must be paid.
Consult the fees section for more detail concerning the application for revocation or a declaration of invalidity fee. | tradeMarks-invalidity |
63 | What happens if a time limit expires? | EUIPO | If a time limit has expired, the party who missed the deadline may still have two possible courses of action
request continuation of proceedings (pursuant to Article 105 EUTMR), which only requires meeting certain formal requirements
request restitutio in integrum (pursuant to Article 104 EUTMR for EU trade marks and pursuant to Article 67 CDR for designs at EU level), which requires meeting formal and substantive requirements (such as showing all due care).
For more information, see the Guidelines, Part A, General Rules, Section 8, for Restitutio in Integrum. | tradeMarks-deadlines |
70 | What is the time limit to submit an action for invalidity of a design at EU level (RCD)? | EUIPO | There is no time limit for submitting an action for declaration of the invalidity of a design at EU level (RCD). | tradeMarks-deadlines |
169 | What does the link between the Madrid Protocol and the EU trade mark system mean? | EUIPO | Since the European Union’s accession to the Madrid Protocol, the European Union trade mark (EUTM) system and the so-called Madrid system are interlinked. It is possible either to file an international application based on an EU trade mark, or to designate the EU in an international application.
Further information concerning trade marks in the European Union. | tradeMarks-internationalRegistration |
117 | Can I file a notice of opposition as a preventive measure before an application has been published in the EU Trade Marks Bulletin? | EUIPO | Yes, the EUIPO accepts a notice of opposition against an EU trade mark application before the EU trade mark application has been published in the EU Trade Marks Bulletin, thus before the commencement of the opposition period. The opposition will be kept on hold and be deemed to have been filed on the first day of the opposition period, namely the first day after the publication of the EU trade mark application in Part A1 of the EU Trade Marks Bulletin.
Further details on how to file a notice of opposition can be found in the Guidelines, Part C, Opposition, Section 1, Procedural Matters. | tradeMarks-opposition |
334 | May an international registration claim the priority of a Community design? | EUIPO | Yes, the priority of an application for registration of a Community design may be claimed in an application for an international registration and vice versa. The priority period is 6 months. | designs-internationalRegistration |
358 | How long does it take to register your trade mark/design? | EUIPO | All information about timeliness in proceedings can be found in the EUIPO Service Charter. The Office produces quarterly reports tracking the performance of different indicators, including timeliness. | tradeMarks-basic |
38 | What box do I tick if my 'word mark' is in colour? | EUIPO | Figurative mark | tradeMarks-Registration |
355 | What do I have to do if I do not want to use the ® or TM element? | EUIPO | If you want to delete that element but you have already filed the application, you must request an amendment/alteration of the EUTM. If the mark is already registered, this alteration carries a fee of EUR 200. | tradeMarks-basic |
326 | How to file an application for international registration? | EUIPO | The EUIPO has no role in the initial procedure of the international registration. This means that applications for international registrations have to be filed directly with WIPO and are processed there. Furthermore, and in contrast to the Madrid Protocol, there is no need to have a national or a Community application or registration as a base for an international application.
Where an application for international registration has been submitted to the EUIPO erroneously, the EUIPO neither forwards the application to WIPO nor returns it to the sender. | designs-internationalRegistration |
156 | What kind of subject matter can I mediate before the EUIPO? | EUIPO | There must first be a decision taken at the EUIPO on EU trade mark or design matters in inter partes proceedings, where all interested parties are served with adequate notices and are given a reasonable opportunity to attend. That decision must then be appealed before mediation can commence.
The subject matter of the mediation may, however, go beyond the scope of the EUIPO appeal proceedings and embrace parallel trade mark, design or other IP right-related disputes between the same parties. There are many possibilities; it may be, for example, that the parties with conflicting rights operate in completely different markets. They could agree to keep it that way. The key to successful mediation is to change the focus from legal arguments to business interests. Mediation in ex parte cases (i.e. where the other party to a contested decision is the EUIPO itself) is not possible.
Further information can be found in EUIPO Boards of Appeal, Mediation, Instructions to Parties. | tradeMarks-mediation |
155 | When is mediation an option? | EUIPO | Mediation before the EUIPO is currently only available at the appeal stage of proceedings between 2 or more parties. Within 2 months of the notification of the contested decision, the losing party must file a notice of appeal and pay the appeal fee in order to obtain the 'suspensive effect' of the appeal, meaning that decisions may not yet become final and their effects are suspended. The appeal will only be admissible if the appellant submits a statement of grounds within 4 months of the notification of the contested decision. The periods for filing the appeal, paying the appeal fee and filing the statement of grounds cannot be extended or suspended.
Both parties must sign the request for mediation, or otherwise show that consent from the other party has been obtained. The appeal proceedings will then be suspended pending the mediation.
Further information on mediation. | tradeMarks-mediation |
172 | Can I designate the EU in an international application? | EUIPO | Yes, It is possible to designate the European Union in an international application as a territory where you wish to have your trade mark protected. The EUIPO is the EU office administrating a trade mark valid across the entire territory of the EU. | tradeMarks-internationalRegistration |
75 | What are the advantages of opening a current account at the EUIPO? | EUIPO | The main advantage of the current account system is that you will be able to file applications and requests that are subject to time limits, such as oppositions or appeals, on the very last day of the time limit. As a result, provided that the current account has sufficient funds, the payment will be deemed to have been made on that day.
As a general rule the payment date will be that of the reception of the debit request, even if the current account is debited at a later stage.
The Office strongly recommends frequent users to open an account at the EUIPO. | tradeMarks-fees |
188 | How do I file an international application based on an EU trade mark? | EUIPO | You can now file an international trade mark application based on an EU trade mark online.
Alternatively, you can use one of the two following forms.
The WIPO MM2 form in English, French or Spanish (available on the WIPO website), or
The EUIPO EM2 form in one of the 23 official languages used at the EUIPO, available in two different versions. The first version of the EUIPO form is for applications made in one of the three languages of the Madrid Protocol (English, French or Spanish). The second is for applications made in the 20 other languages.
| tradeMarks-internationalRegistration |
109 | Can the owner split a multiclass EU trade mark? | EUIPO | Yes, applications or registrations can be split as a result of a division or of a partial transfer.
Whereas a partial transfer is free of charge and involves a change of ownership of the transferred mark, the request for division of a trade mark is subject to a fee and the divided trade mark remains with the same proprietor. If the fee is not paid, the request is deemed not to have been filed.
The division is not available for an international application under the Madrid Protocol designating the EU. The EUIPO does not have the authority to divide an international designation.
For more information about the Fee for the declaration of division of EU trade mark, please consult the list of fees payable directly to the EUIPO.
Further details on applications to record a partial transfer of ownership can be found in the Guidelines, Part E, Register Operations, Section 3, EUTMs and RCDs as Objects of Property, Chapter 1, Transfer.
Further details on divisions can be found in the Guidelines, Part E, Register Operations, Section 1, Changes in a Registration, paragraph 5, Division. | tradeMarks-register |
223 | Who can file a registered Community design? Do they have to be an EU citizen? | EUIPO | Any natural person or legal entity from any country in the world may file an application. You can find additional information in the ownership section of our website.
Further information can be found in the Guidelines, Part B, Examination, Section 2, Formalities, paragraph 2. | designs-Registration |
24 | What is the difference between absolute and relative grounds for refusal of an EUTM application? | EUIPO | The Office will refuse your trade mark application if it is believed not to fulfil certain requirements, also called absolute grounds.
Article 7 EUTMR lists the absolute grounds for refusal. Trade mark applications that are not refused at this stage are published. See the full registration workflow.
The absolute grounds of refusal are to be distinguished from the relative grounds for refusal, which is only examined if, after the publication of the EUTM application, one or more oppositions are filed by any third party on the basis of one or more conflicting earlier rights, such as a prior trade mark.
The EUIPO will not examine relative grounds for refusal ex officio. These may be raised only by third parties in opposition proceedings or in cancellation proceedings, after registration of the EU trade mark. Find out what the corresponding fees are and see the differences by selecting the ‘opposition’ tab on the Registration process pag | tradeMarks-Registration |
360 | What is copyright and where can I find more information about it? | EUIPO | Please consult our FAQs on copyright | tradeMarks-basic |
180 | Will my application for international registration be published in the EUIPO Bulletin? | EUIPO | Immediately after receipt, the EUIPO automatically republishes the international registration in the EUTM Bulletin in Part M dedicated solely to international registrations (consult eSearch plus, Daily publication section). | tradeMarks-internationalRegistration |