Step by Step: Trademark-Registration in Europe

von Dr. Meyer-Dulheuer & Partners LLP

We face several brands every day in different situations. Their main goal? Influencing people in what they do and –in the best case- what they buy.

We link certain inventions and solutions to specific companies by recognizing the product or the brand. Since people have invested many hours of hard work for their invention it’s logical that people want to protect their invention against infringers and counterfeiters.

First steps: What is the definition of a “trademark”?

A trademark is a symbol attracting attention and characterizing a product. Words, illustrations, characters, numbers, colors, acoustic designs as well as three-dimensional (3D) forms can all be used in a brand. Trademarks can also be separated in registered and non-registered trademarks.

Non-registered trademarks can obtain protection through their use. However, when the trademark is infringed, it is often extremely complex to document the use of a non-registered trademark.

Registered trademarks officially prove a company’s right to solely use a brand within a certain time and a certain area. So a lot of money and effort can be saved, as it is a lot easier to document the use of a registered trademark.

The Registration Process

If you want to register your trademark in the European Union you’ll have to fill out the application form of the Office for Harmonization in the Internal Market (OHIM). In the upcoming five-step-application you’ll be asked if you’re applying as a company or an individual.

Company

  • Full name and legal form
  • Country of registration
  • Address

Individual

  • Name and surname
  • Nationality
  • Address
Step by Step: The application form

Source: Screenshot (https://oami.europa.eu/ohimportal/en/)

  1. Trade mark details

At first you’ll have to select your first language and second language, e.g. English and German ...

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