EU trademark registration services: Why trademark registration in the EU with Coddan is important? Whether your company is only doing business in the UK or around the wider European Union, having full trademark protection across the continent is important in safeguarding a firm and its assets. Registering it in the UK alone will not protect your trademark outside the country. While here at Coddan we can register your trademark in the UK and you'll get legal protection around this country, we can also register your trademark in the EU and be protected throughout.
The European Trademark, or the Community Trademark as it's also called, provides trademark protection in all of the bloc's member states. One single application is all that needs to be made, in a process administered by the Office for Harmonization in the Internal Market in Alicante, Spain, an EU agency that deals with trademarks and designs.
|Register a Community Trade Mark|
EU trademark registration using the community trademark application to protect a logo or a trademark within the European Union. With this EU registering trademark package, we will provide the following services: search existing registered trademarks with OHIM office; filing a EU trademark application for one class of goods or services; the opportunity to register a trademark or logo in additional classes; liaising with the OHIM office on your behalf; the certificate of trademark registration will be send by post.
In order to register your trademark in the EU, it must be graphically depicted and be linked to a company's products or services that are different from other companies. It must also be distinctive, so that it's easily recognisable by consumers, but it must not contain descriptions of what's being sold, as this might impinge on competitors who are selling similar kinds of products.
As with registering a trademark in the UK, with the EU process, a check is first carried out on the register to make sure another company or organisation is not using a proposed trademark. Some reasons for refusal by the office include a reasoned objection to the trademark and the use of official emblems such as national flags, among others.
This EU-wide trademark protection does a number of things besides confer copyright protection: it guarantees quality; shows where the goods or services come from; and can be used in advertising and other forms of promotion. The European Trademark lasts for 10 years and can be renewed.
If you wish to get this robust form of protection for your trademark, we can file and application on your behalf. At Coddan, we also have experience with the Madrid Protocol, a convention that enables companies to get protection for their trademarks in more than 90 countries, including around the EU, thereby saving time and money in making individual applications to one country at a time. Get in touch with us today and get your trademark protected right across the EU. It's an important step in making sure the welfare of your company is properly secured.
A trademark that is registered in the UK is not protected in the rest of the European Union. Until the development of the EU's Community Trademark scheme the only way to protect your trademark across Europe was to register with each country individually. Now it is possible to make one application and register a Community Trademark in every country of the EU. The benefits of registering a Community trademark are the same regardless of where you register it. It allows you to protect your business logo, slogan or product name so that others cannot use it.
Coddan can register your Community Trademark for you by submitting an application on your behalf to the Office for Harmonisation in the Internal Market. This service costs £1,800, as opposed to £600 to register a trademark solely in the UK. If you wish for your trademark to be registered in more than two countries, the Community Trademark route is cheaper and less complicated than pursuing individual registrations.
By using Coddan to register your Community Trademark you will have the benefit of our expertise in what constitutes grounds for refusal of a trademark application. We will also search for similar existing trademarks with the Office for Harmonisation in the Internal Market. The fee covers registering a trademark for one class of goods or services with an option to register for additional classes in the future. If your trademark is registered successfully then it will be protected for a period of ten years. Community trademarks can be renewed indefinitely.
A possible downside of using the Community Trademark System is that registering a trademark across the whole of the European Union makes it more likely that your trademark will be challenged by someone who believes that their rights have been infringed. As a result it might be better for businesses that have no intention of trading in more than a few European member states to register with those countries individually.
It is a common saying that a picture tells a thousand words. For businesses, a distinctive logo that is immediately recognised by customers has enormous value when attempting to market goods and services. It instantly reminds them of your company and the positive attributes they associate with it.
Registering your logo as a trademark will ensure that no one else is able to use that logo to their own advantage and it will retain its value as something that is associated solely with your business. The EU's Community Trademark System allows you to register a logo as a trademark across all of its member states with a single application. Coddan can assist by advising on what is likely to constitute an acceptable logo to register as a trademark in EU. We can also submit the application on your behalf and even provide advice or representation if your trademark is challenged by a third party.
Examples of issues that might cause an application to register a logo to fail include it being insufficiently distinctive or of it depicting the shape of the goods or service to which it applies. Challenges may arise if your logo is similar to an existing logo applying to a similar class of goods or possibly a different class of goods where damage to reputation could result. An issue with using the Community Trademark System to register your logo is that it increases the likelihood that your logo may be challenged.
This is especially true of logos as opposed to product names due to the fact that while many different languages are spoken throughout Europe, pictures are universal. For companies that only intend to trade in one or two countries it may be sensible to register their logo as a trademark individually with those countries rather than registering across the whole of the EU. Coddan can advise on the most appropriate logo registration strategy for your business.
Registering a Community trademark brings numerous benefits to individuals or groups when setting up a business or launching a new product. Trademarks allow companies to protect their branding, ensuring that they can invest in a brand, set of images or advertising strategy. It is important as the owner of a company to be able to do this without fear that your hard work will be used by a competitor, and trademarks offer this protection.
A trademark, however, is typically only registered to the country in which it is registered. In an extremely open market like the European Union, this is doubly important. The EU is far more that just a free market, of course, and there is an EU-wide Community Trademark system for registering a trademark that companies can take advantage of with the assistance of Coddan's experienced trademark solicitors. This system offers a plethora of benefits.
The obvious advantage to registering a trademark in the EU rather than just within the UK is that there is only one registration process and only fee charged. The benefit of protecting a Community trademark within over two dozen economies rather than just one is hard to overestimate, paving the way for easier and cheaper expansion into neighbouring markets. The comprehensive nature of an EU community trademark is also a major benefit. It clarifies the legal right of you or your company to a trademark with no confusion or doubt, at a glance.
There is also, needless to say, a straightforward financial advantage to registering in all EU states through one application. The fee is far lower than the equivalent fees for registering in each EU member state individually would be.
Coddan are experts in ensuring that the registration of EU community trademarks is as straightforward as it is beneficial. Having set up an EU-wide community trademark, your company or product will be prepared for marketing in other EU member states. With this achieved, taking advantage of the free trade area, which takes in a total area of more than 350 million potential customers, will be far more straightforward, giving your company or product a kick start and competitive advantage compared with other domestic competitors.
There are a host of advantages to registering a trademark in the EU with Coddan. The EU wide trademark, known as a Community Trade Mark or CTM, allows a company to ensure that their branding is protected from infringement in all the 27 member states of the EU, giving a business the security it needs to invest as well as paving the way for expansion into the huge 350 million consumer market of the EU. With the help of Coddan, this application process should be a straightforward one, with most EU applications looked at within 12 months.
A major advantage to using Coddan for your CTM registration is the experience of the company in requests of this kind. The international body of trademark laws and registration systems are something of a labyrinth; Coddan can help you to choose the most appropriate option for your product or business.
It is important to get this decision right as different trademark arrangements offer various advantages and disadvantages. An EU-wide CTM, for example, has the considerable advantage of covering all EU member states through one application process and one fee. On the other hand, it can be more difficult to ensure the covering of relevant classes of product through this arrangement. Coddan can help individual clients make the best choices for their businesses.
Using Coddan also ensures you a personal, proactive service that will keep you up to date and informed as to the stage of your trademark application. The EU application process is a long one, and Coddan will contact you as soon as a request has gone through, ensuring that you do not have to wait longer than necessary for your trademark.
The cost of applying for a CTM is high, we are charging £1,800 for applications to the EU's Office for Harmonisation in the Internal Market (Trade Marks and Designs) office in Spain. It is also possible to apply through the UK's Intellectual Property Office (IPO), although this will incur additional fees. With such high upfront costs, it is all the more important to use an experienced company formation agent like Coddan. This will ensure that costs are kept to a minimum and, more importantly, that costly and time consuming mistakes are avoided.
The law relating to trademark registration using the European Union's Community Trademark System is similar to that which covers trademarks in the UK. The key difference is that whereas in the UK a trademark application can be refused on both absolute grounds and relative grounds, in the EU it can only be refused on absolute grounds.
Absolute grounds for refusing a trademark application include where that trademark would offend against publicly accepted standards of morality or contravene government policy. The application will also be refused if it is likely to mislead the public about the nature, place of manufacture or quality of the goods or services.
If the trademark represents the shape of the goods to which it is to apply then that also constitutes a grounds for refusal. Similarly, the application will be refused if the trademark represents a shape to which the goods would need to conform in order to achieve a particular technical outcome or which would give the goods substantial added value. A final absolute basis for refusal of a trademark application is if the trademark would be devoid of distinctive character.
Applicants should be aware that while relative grounds for refusal are not considered by the Office for Harmonisation in the Internal Market, there is a procedure for challenges to be made to trademarks on relative grounds after they have been granted.
Relative grounds for challenges involve claims that a trademark is similar to an already existing trademark or copyrighted item. For example, a successful challenge could be mounted if a new trademark is identical to an existing trademark for an identical class of goods. Challenges can also be mounted if a new trademark is merely similar to an existing trademark or where the existing trademark covers a similar class of goods if this could cause public confusion.
Another grounds for a challenge is where a new trademark is similar to an existing trademark that applies to a completely different class of goods where this may lead to the distinctive character or the reputation of the existing trademark being infringed. Finally, there may be grounds for a challenge if the trademark infringes copyrighted material or if it infringes a name or logo that has been established in use by a business. Applicants should be aware that due to the size of the EU, there is significant scope for challenges to be mounted to new Community Trademarks.
Registering a trademark in the European Union (EU) rather than just within the United Kingdom offers a number of major advantages. While these benefits are considerable, however, the prospect of making the application may appear daunting. With an experienced company formation agent like Coddan, however, your business will find the process remarkably straightforward. Once acquired, an EU community trademark secures your branding in the world's largest economic area, a region of more than 350 million potential customers and some of the world's most important consumer economies.
Registering for an EU trademark is a process open to all nationals of EU member states. It is also open to nationals, residents and businesses in countries which are signatories to the Paris Convention for the Protection of Industrial Property. Countries with an equivalent level of trademark protection to the aforementioned groups may also register for a trademark of this kind.
The process involves making an application for a 'Community Trade Mark', or CTM, to either the British Intellectual Property Office or the EU's Office for Harmonisation in the Internal Market (Trade Marks and Designs), or OHIM, in Spain. The latter option is the more cost-efficient of the two, as the International Property Office charges an additional handling fee.
There is an online application form on the OHIM website, which can be completed electronically or printed, filled in manually and sent to Spain by post. It is also possible to create a form of your own. This is something which an experienced company like Coddan could do for a client.
As one of London's premier company formation agencies, Coddan have the experience and expertise to ensure that registering a trademark in the EU is cost effective and straightforward. The process, which can take 12 months and costs upwards of £1,800, offers a number of key advantages to UK businesses seeking to protect their product or branding in multiple states within the EU. It is, however, imperative that the right application system is chosen, as well as that the right procedure is followed to minimise costs and the timescale of completing an application. Coddan is well placed to help its clients achieve both these aims.
In order to choose the most appropriate system of trademark registration for trademarks within the EU, Coddan offers tailored advice to each of its clients, ensuring that the most appropriate option for your company is chosen. We have a very good working knowledge of these options, with the Community Trade Mark, or CTM, being a strong choice for many British companies seeking to expand or protect their products throughout the European Union.
Registering a trademark through the CTM system with Coddan will save your business time. The process of registering without the help of a company formation agency, whilst always an option, is a laborious one. Applications must be sent to the EU's Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Spain, or the British Intellectual Property Office, which charges an additional fee. Both require the filing of an application in both a main European Union language and one of the Office's five working languages: English, Spanish, French, Italian or German. Coddan has experience of every level of this process, ensuring that forms are completed correctly and no additional costs are incurred through errors in the application process.
We also offer our clients a personal, knowledgeable service which entails discussion prior to making an application, immediate notification upon completion of the application and the option for post-registration advice or services to help your company make the most of your trademark.
Companies that have been trading solely within a single territory (such as the United Kingdom) may be considering branching out into international activities, and often these business areas will fall within the European Union. This unique arrangement has made it possible for companies to reap the benefits of expansion, and the team of international business specialists at Coddan Ltd are on hand to highlight any of the legal considerations that may apply – such as the need for an effective trademark. Businesses with an established trademark will already be enjoying the levels of protection that it brings to intellectual property, and a successful European expansion simply has to follow the same guidelines.
Although an existing trademark will apply within a particular territory, an expansion into other EU nations will mean that a new application needs to be made. Provided that a company can prove that it is already in existence (i.e. that it is an established entity within an EU-member state), this process can be carried out. There are number of procedures and regulations that need to be adhered to, and everything can be handled by the team at Coddan Ltd - this includes carrying out extensive research of existing trademarked items.
It is this level of research and attention to detail that sets Coddan Ltd apart from our competitors. While other companies may simply compile and submit applications, we take the time to make sure of two key factors. First of all, we check to see if there are any similar trademarks, and we return to the client to suggest changes if it is necessary. Aside from this, we also cross-reference applications with the extensive list of rules about what can and cannot be trademarked in the EU. By combining all of this into the comprehensive service that we offer to all companies, we can keep refused applications to an absolute minimum.
When conducting any kind of business in the European Union, it is advisable to apply for an EU-wide trademark, and this applies the highest levels of legal protection to your images and wording/terms. However, this process can be more difficult if you have not yet established a business entity, and fortunately the team of company formation experts at Coddan Ltd can provide you with a potential solution. If it is appropriate for your business, our specialists can arrange for an LLP formation (limited liability partnership) in the United Kingdom, and it is then possible for this entity to be used as the basis for an EU trademark application.
All of this is made possible by the fact that the United Kingdom is a full member of the European Union, and the legal implications for businesses are constantly monitored by our experienced team. If there is ever a sudden development that could bring major benefits or changes for our clients, this will always be taken on board, and it also enables us to offer key business insights. For a company that is in the initial stages of trading (or even earlier in the process), there is often a need for clear and concise advice, and we are always delighted to hear from start-up companies that need this level of support.
Getting a company off of the ground can sometimes be difficult, and the support from Coddan Ltd allows company owners to concentrate on the key activities that will allow their business to grow – this is especially true when it comes to establishing a legal presence throughout the European Union. Once an LLP has been set up in the UK, you will have the legal basis to be considered for an EU-wide trademark, and this is why Coddan Ltd can be particularly useful for new businesses. There are a number of rules, regulations, and procedures that need to be taken into consideration, and we can ensure that everything is followed to the letter.