EU trademarks

In the European Union, Member States have harmonised their trade mark laws and the rules are the same in each EU country. Everywhere in the EU, registered trademarks are legally defined in the same way: ‘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.’ Article 2, Directive 2008/95/EC of the European Parliament and of the Council This means that your trademark is the symbol your customers use to pick you out. It distinguishes you from your competitors. You can protect and build upon your trademark if you register it. In some countries, you can also get protection even if your trade mark is not registered, as long as it is used. However, you are well advised to register it in order to obtain the best protection. The only condition imposed on a registered trade mark is that it must be clearly defined; otherwise neither you nor your competitors will be certain of what it covers. www.trademarkroom.com jane@trademarkroom.com