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Particulars for filing a European Union trademark

Language

The applicant must select the language of the application proceedings ("first language"), which may be any of the 22 official languages of the European Union.

The applicant must also select a second language, which must be one of the five languages of the Office (English, French, German, Italian or Spanish) and which must be different from the first language. The second language will be used by the Office in communicating with the applicant or his representative where the first language is not one of the five languages of the Office. The second language is also the language, or one of the languages, available for opposition and cancellation proceedings.

Applicant(s)

Natural person : name, first name, nationality and address

Legal entity : legal name, legal form, state where legal entity has its seat, nationality and address

Designated products and/or services

This list is the one of the products and/or services for which you use or have the intention to use the mark. You may take your inspiration from the Classification of Nice; however, a product and/or service which would not be mentioned explicitly in this Classification should have all the same to be mentioned. Then we search the corresponding class.

The sign

(a) Word mark : please indicate the vocable

(b) Figurative mark : please send us the trademark by e-mail under a .jpg file. Please indicate us if the colors have to be claimed.

Since 10/03/2008, the National Search Reports concerning some of the European countries, which were in the past automatically established and sent by the Office, are no more freely sent by the EUIPO. 

They must be requested upon payment of an Official fee at the time of the filing if the applicant wishes to obtain them. In other words, it is not compulsory to request them.

The European Union search report will continue to be sent out by the EUIPO as before.

Please indicate us if you wish obtain the national search reports.

Priority(ies)

A mark already filed abroad can be filed in the European Union with claiming the date of the basic filing, if the European Union filing is done within a six-month period as from such basic filing date.

- please indicate country, date, filing number and list of goods/services of first filing

- it is possible to file a pdf of the priority document, and, unless we receive a specific request from the Examiner, no official copy of the priority document will be required.

- if the priority document is in the name of another person, an assignation of the priority rights is requested together with its translation.

Seniority(ies)

The seniority of one or several trademarks having effect in one or several states of the European Union may be claimed for an identical sign and for identical goods and/or services.

The effect of the seniority is that the proprietor can allow to lapse the earlier national mark. As a matter of fact, he shall be deemed to continue to have the same rights as he would have had if the earlier trademark had continue to be registered in that country.

Claiming a seniority may be done at any time, even after the registration of the European Union trademark.

The nature of the registration and the Member State in which it has its effects must be indicated, as well as the filing date, and the registration date, if any. A copy of the seniority document must be filed.

No power of attorney is required for the filing