Any natural or legal person has the right to register a trade mark in the EU, the procedure being carried out at the European Union Intellectual Property Office (EUIPO), located in Alicante, Spain. If you are planning to operate, or already operate, on the European market, it is advisable to protect your brand by registering it as an EU trade mark. It is important to note that it is not mandatory for the mark to be registered first in Bulgaria. On the other hand, a successful registration in Bulgaria does not guarantee a trouble-free registration at EUIPO.

A registered EU trade mark is protected throughout the territory of all Member States of the European Union and provides protection against unauthorised use or imitation.

An EU trade mark may consist of various signs or combinations thereof, such as: words, personal names, images, letters, numerals, colours, product shapes, packaging, sounds. Possible variants include single-colour or multi-colour signs, sound marks, multimedia marks (a combination of sound and image), hologram marks, three-dimensional marks and others.

These signs must clearly distinguish the applicant's goods and services from those of other persons. The mark must not directly describe the goods and/or services for which the registration is intended.

The registration of an EU trade mark is valid for a period of 10 years and may be renewed repeatedly for further periods of 10 years each.

Registration procedure

The registration process begins with the filing of an application, which may be completed in any of the official languages of the EU. The applicant may additionally indicate a second language, which must be one of the following: English, German, Spanish, French or Italian.

The application may be filed on paper or through an electronic form on the internet. The basic fee for electronic filing is lower, and in this case an accelerated procedure (Fast Track) is also offered for faster publication of the application.

After the application is filed, EUIPO checks whether it meets the requirements and whether the fees due have been paid. If there are any deficiencies, the applicant has 2 months to correct them.

If the application is in order, EUIPO carries out an examination for absolute grounds for refusal of registration, such as lack of distinctiveness. In addition, existing earlier marks registered with EUIPO that could be identical or similar are searched.

If all checks are successfully passed, the application is published in the EU Trade Marks Bulletin issued by EUIPO.

Oppositions

After the application is published, a 3-month period for filing oppositions against the registration begins. This period takes effect one month after publication in the Bulletin. Oppositions may be filed by persons holding an earlier registered mark, or by third parties if they consider that absolute grounds for refusal of registration exist.

After the opposition period expires, the mark is entered in the Register of EU Trade Marks, and the applicant receives an electronic registration certificate. Upon additional payment, certified or uncertified paper copies of the certificate may be obtained.

The registration is also published in the EU Trade Marks Bulletin.

Registration fees

The fees for applying for and registering a European trade mark are as follows:

  • A basic fee of EUR 1,000 for one class of goods and/or services (EUR 850 for electronic filing);
  • An additional fee of EUR 50 for a second class of goods and/or services;
  • An additional fee of EUR 150 for each further class of goods and/or services when applying for three or more classes;
  • A fee of EUR 30 for a certified paper copy of the certificate. The electronic certificate is free of charge.

The fees are payable solely in euro.

Upon renewal of the registration, the same fees are payable.

To avoid a refusal and to prevent the loss of the fees paid, we recommend carrying out a prior search for identity or similarity with EU marks already registered, before you file your application. A trade mark specialist can help you correctly determine the classes of goods and/or services for which you wish to register the mark. Expert advice can also help you make adjustments to your mark in order to avoid identity or similarity with earlier registered marks. Should you need consultation and assistance with the registration of a European trade mark, contact us on tel.: 0887550706 or by e-mail: [email protected]