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EU Community Trademark Regulations

After several months negotiating changes to European community trademark regulations, European member states finally reached an agreement and drafted the new EU trade mark Regulation that is entering into force on March 23, 2016 (UE 2015/2424).According to this new Regulation some minor changes will apply to the Community trademark systems such as:

  • Change of the Office’s name: until now, the Office that is responsible for the Community trademarks and Community Designs was named Office for Harmonization in the Internal Market (OHIM). According to the new Rule, this Office will be called European Union Intellectual Property Office (EUIPO);
  • The ‘Community trademarks’ will be renamed as European Union Trademarks;
  • As all the trademark owners will be aware of, a trademark must provide a list of specific goods and/or services over which they seek protection – all goods/services in the market are classified under the International Nice Classification. Until now a Community trademark had a filing tax of 900€ and covered up to 3 classes of goods or services; so trademark holders that required protection in only one class were required to pay the same tax as a trademark application covering three different classes.
  • Once this new Rule enters into force, the new European Trademark in a single class will imply a tax of 850€ while until now the minimum tax for a Community trademark was 900€ (minimum protection until March, 2016 was for 3 classes)
  • Some fees will be slightly reduced. Attention must be paid to the renewal fees that drop from 1350€ to 1050€ for a trademark in 3 different classes of goods or services.

In general terms, the modified regulation confers more rights to the owners of EU trademarks to prevent their trademark being counterfeited such as the possibility to prevent third parties from importing goods to the EU without being released for free circulation; the right to prohibit the importation of goods that are labelled  or packaged with a protected trademark affixed, etc.

Another relevant change is that owners of Community trademarks filed before 22nd of June, 2012 that protected general terms of the class headings in the Nice Classification will be requested to detail the precise goods/services they wish to protect that might fail under the general heading classification.

In case the owner does not provide information about the goods/services the protection of which he would like to maintain, the Office will understand the registration only covers the literal meaning of the terms used.

Those goods or services that might fail under such general classification would then be excluded from protection.

If you are in need of professional advice on Intellectual Property Law and Trademarks, feel free to check these featured English-speaking lawyers:

 

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Trademarks

Available in the following locations: Benidorm, Castellon, El Campello, Girona, La Manga del Mar Menor, Los Alcázares, Mazarron, Murcia, Seville, Valencia, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

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1Who is this Service for?

Any business may wish to apply to create a trademark that will protect the usage of – and accrue benefits from - aspects of their business which might involve specific logos, words or other distinctive features of their business.

In short, a trademark can protect those features which together form a brand. Often, this can be one of the most valuable intangible assets of a company and it is vitally important to protect and, on occasions, defend.

2What does this service consist of?

  • If you wish to register a trademark, a specialist English-speaking lawyer in the field will assist you with this process by making the initial application and carrying-out all follow-up until the trademark is registered. Registration can be at the national or European level.
  • If you believe that an existing trademark has been infringed, then an initial consultation will be provided so that the specialist lawyer can determine if an infringement has taken place and then discuss the process for obtaining relief and/or suitable remedies
  • Negotiation with those parties who are infringing the trademark, as well as representation in formal legal proceedings if such parties fail to desist and/or fail to redress any injury or loss suffered
Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

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