I want to file my trademark in the EU

Posted by Jane on October 05, 2015 / Posted in Trade Marks
EU Trademarks; Our Mini Guide to EU Trademarks

I want to file my trademark in the EU

If you are trading in the EU, you should consider protecting your brand oversea. You can apply for a Community Trademark (CTM) which if successful will protect you in 28 member states. However not everything can be protected by an EU Trademark. Here’s our mini guide to what can:

  1. Your trade mark has to be represented graphically and must be capable of distinguishing your products or services from those of your competitors.
  2. Your trademark needs to be distinctive. Consumers should be able to recognise your sign for what it is, i.e. as an indication of origin. It should distinguish you from other companies in the marketplace so that you can protect and build your brand identity and value. It’s not good calling your brand The Best in Town for example as it will simply be rejected.
  3. Your trademark should not be descriptive of what you do. Your trade mark should not monopolise a sign that merely describes the goods and/or services that you offer. Such signs should remain available for everybody: for you and your competitors. For example The Hairdressers Shop would not be acceptable as a trademark for hairdressers!

OHIM will refuse your trademark application if it is believed not to fulfil these and certain other requirements.

Please contact us for a free consultation on your trademark or brand.

Jane Coyle
This entry was posted on October 05, 2015 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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