FAQs

After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.

A trade mark shall be registered for a period of 10 years from the application date

EU is the member of Trademark Law Treaty; Madrid Protocol; Hague Agreement.

Any parties have the right to file opposition against an applied trademark before it has been granted the protection

The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.

An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings;

It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in EU.

EU is applying “first to file” system. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.