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Do I need a trademark representative?

If you file a trademark application from outside the European Union you need a representative, yes.

If you appoint one, please remember that only lawyers who qualified in one of the countries of the EU, and professional representatives whose names are on the list kept by the Harmonization Office, can act as your representative with the Harmonization Office .

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).

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Do I have actually have to make use of my trademark?

Community Trademarks shall be put to genuine use in the Community 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 Community, such as in a single Member State or in a part thereof. Any person (legal or natural) can protect their registered Community Trademark against revocation on the grounds of lack of use – provided it is put to genuine use in the Community 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!

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