Protection Throughout the European Union
An EUTM is a trade mark valid across the European Union, registered with EU IPO, in accordance with its regulations.
Scope and Validity
An EUTM is valid in the European Union as a whole. It is not possible to limit the geographic scope of protection to certain Member States.
An EUTM is valid for ten years and can be renewed indefinitely for periods of ten years.
Level of Protection
An EUTM confers on its proprietor an exclusive right to use the trade mark and to prevent third parties to use, without consent, the same or a similar mark for identical or similar goods and/or services as those protected by the registration.
Value
The system provides for one single registration procedure, consisting of one application, language of procedure, administrative centre and file to be managed.
It grants its owner an exclusive right in the 27 Member States of the European Union at a reasonable cost.
After any future enlargement of the European Union, any EUTM registered or applied for will be automatically extended to the new Member States without formality or fee.
Enforcing your rights
An EUTM grants its proprietor an exclusive right to prevent unauthorized use of the mark in trade without his/her consent.
More specifically, the proprietor is entitled to prevent unauthorized third parties from:
offering goods, putting them on the market or stocking them for commercial purposes using the registered EUTM
importing or exporting goods under the mark; and
using the mark on business papers and in advertising
offering or supplying services carrying the registered EUTM
If an unauthorized third party engages in any of these practices, it is guilty of infringing the exclusive right of the proprietor.
The proprietor of an EUTM can act against these infringements by taking measures expressly provided for under the regulations in relation to disputes concerning the infringement and validity of EUTMs, and in particular:
via proceedings at the EUTM courts established under the regulations; and
filing requests for action with EU customs authorities. This administrative procedure permits proprietors of an EUTM to request the EU customs authorities to retain suspected counterfeit goods while under their control.
Maintaining your EUTM
EUTMs 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 can protect their registered EUTM 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 a revocation action is pre-emptive: non-generic, non-misleading, genuine and continuous use of the EUTM at all times.
putting the registered EUTM onto their goods or packaging