EU Trademark FAQ
How do I apply for an community trademark with your law firm?
You may use our forms for filing a community trademark or this form to file a german trademark and let us file the application for you. Go through a simple workflow with BREUER LEHMANN. All information provided will be kept in absolute confidentiality.
How long will it take for my European trademark to be registered?
In general we can file your trademark within 3-5 daysafter your assignment. The registration at the Office for Harmonization in the Internal Market (OHIM) will take approximately another 1-2 months until publication. Afterwards there will be a 3 months period for possible oppositions against the registration of your trademark. All in all it will approximately last 4-6 months until you finally receive your registration certificate. However the trademark will be protected from the day back we can file the trademark for you. So why wait any longer?
What does it cost to apply for a European Union Trade Mark?
Total cost of a European trademark including three classes with our law firm start as low as 349 EUR plus official fees starting at EUR 850.
Additional costs may arise when an opposition is filed against your trademark or the office wants to reject your application. In those cases you will be notified by us and an estimate of additional fees will be provided.
We guarantee transparent prices without nasty surprises.
What services does BREUER LEHMANN offer regarding the filing of a German or European Union Trademark?
In short: advise on and management of the whole application process of your community trademark, from the first review until the forwarding of the registration certificate.
- upfront review of your trademark: Does it comply with all applicable rules and statutes?
- drafting the classification of goods and services for your trademark
- completing the application form and sending it to the European Union Intellectual Property Office (EUIPO)
- general correspondence with EUIPO
- checking and forwarding the filing receipt
- checking the payment of fees and forwarding of registration certificate
- trademark researches
- No hidden fees. Fast services. Experiences and specialized german accreddited lawyers. More than 1500 sucessfull trademark filings in the past years.
Check here our #pricelist
Do I have to pay the trademark fees the day that I apply?
No, but if you do not pay the fee within one month of filing your application, you will lose your filing date. Instead, the filing date will be the date on which the Harmonization Office actually received the fee. If you do not pay your fee within three months of the filing date, the Harmonization Office will treat your application as if you had never made it.
Do I need a trademark representative?
If you file a trademark application from outside the European Union you need a representative, yes. Our law firm can serve as representative before the trademark offices.
In any case we advise you to employ someone specialized in the field of trademarks to assist you through the process of an application of a community trademark. Especially you will need some professional support in trademark research before filing your trademark in order to avoid unnecessary conflicts with other trademark owners.
BREUER LEHMANN RECHTSANWÄLTE are listed as representatives at the Office for Harmonization (No 64492).
When do I have to renew my European Union Trademark?
We will generally inform you six months before expiry that your Community Trademark is due for renewal, if you want us to. Otherwise you have to take care, that you observe the time limit for renewal yourself. The renewal fee must be paid within the six months preceding your CTM’s expiry date. The form may be submitted right up until the last day of the month in which the protection ends.
If you have failed pay the renewal fee within this time limit but still wish to renew your mark, you can still do so for six months after the expiry date. Howver, there will be a 25% surcharge.
How do I enforce my rights of the European Union Trademark?
The proprietor of a European Union Trademark can act against these infringements by taking measures expressly provided for under the CTMR in relation to disputes concerning the infringement and validity of European Union Trademarks, and in particular via:
Proceedings at the European Union trade mark courts established under the CTMR
Filing requests for action with EU customs authorities. This administrative procedure permits proprietors of a CTM to request the EU customs authorities to retain suspected counterfeit goods while under their control.
Of course the owner of a European Union Trademark may defend the trademark against infringers through the courts all over Europe by specialized trademark attorneys.
Just ask us, we are looking forward to assist you.
Do I have actually have to make use of my trademark?
European Union Trademarks shall be put to genuine use in the European Union within a period of five years following registration. Genuine use may be found when the mark has been used in only one part of the European Union, such as in a single Member State or in a part thereof. Any person (legal or natural) can protect their registered European Union Trademark against revocation on the grounds of lack of use – provided it is put to genuine use in the European Union after the initial five-year post-registration grace period or if there are proper reasons for such non-use.
Thus, the best defence against revocation action is pre-emptive: non-generic, non-misleading, genuine and continuous use of the Community trade mark at all times. Use it or lose it!
How long is a European Community Trademark valid?
A European Union Trademark is valid for 10 years and can be renewed indefinitely for periods of ten years.