The European Union offers, among many others, advantages regarding the process of registration of a trademark in the EU member states. This process is considerably harmonized and offers a simpler, quicker and cheaper way to register a trademark in the EU. Usually, a trademark registration would require filing an individual application in every state. Thanks to the European Union Intellectual Property Office (hereinafter referred to as the “EUIPO”), one trademark registration is enough to provide a protection to a mark in all the member states of the EU.
This process pushes away the differences among the national trademark registration systems, which might be complicated for someone who wants to register a trademark. At the same time, this process is a great way to ensure the protection of a mark in all the member states . Performing the registration in member states one by one could end up being very expensive and time-consuming, on top of that, differences (especially procedural) exist among the laws of particular states. Furthermore, this process often requires a mandatory professional representation. The time and money costs of registering a mark in the member states individually might be considerably huge as opposed to a single EU trademark application.
Therefore, the EUIPO registration process is advantageous and suitable for both member states’ citizens and people from outside the EU, who have to familiarise with only one process of the registration.
The process of registration is fairly simple and can take place easily via the EUIPO web portal. After an application is filed, the examination period starts. Generally speaking, the EUIPO checks for absolute grounds for refusal and provides additional period if the registration needs to be addressed. After the examination period is concluded, the opposition period commences when the application has been published. From this point, third parties will be given a three-month period to file an opposition against the application based on relative grounds. If they do not reach an agreement, the EUIPO will decide on the opposition. If no opposition is filed, or the EUIPO decides in favour of the applicant, the trademark can be registered, with the desired protection enjoyed.
In summary, the EUIPO offers a cheaper and simpler possibility to register a trademark in the EU member states. Instead of commencing registration processes individually in EU member states, which would consume much more time and money, the registration through the EUIPO will ensure the required trademark protection, with all the while applying a harmonized and clear legal regime. The process itself is fair and offers a possibility to appeal and express opinions and arguments in different stages of the registration procedure. The advantages of this system have already been noticed also by the Chinese citizens and companies, with China being the country from which the biggest amount of EU trademark application originated in 2021.
