Registering a trademark in the European union

1. Fill in the details for the future trademark according to the form below and pay the attorney’s fee – currently, you can pay by bank transfer.

2. We will contact you within 1 working day. We will conduct a legal consultation and clarify all the details at a convenient day and time for both parties and after that we will start working on the service performance.
We prepare a list of goods/services about which your trademark will be filed for registration and, if necessary, send it to you for final approval.

3. As your industrial property representative we submit your application to the European Union Intellectual Property Office (EUIPO).

4. We send you confirmation of the submitted application for registration of a trademark in the EU. We also send a power of attorney for the application and instructions for the amount and payment of the fee to the European Union Intellectual Property Office (EUIPO). You review the power of attorney and sign it. No notarization is needed. If the trademark application is on behalf of a company, you also affix the seal of the company. You pay the application fee to the bank account of the European Union Intellectual Property Office (EUIPO) according to our instructions.

5. You return the signed power of attorney and a copy of the payment order for the filing fee to the European Union Intellectual Property Office (EUIPO). This easiest way for doing that is by scanning them and sending them to us by e-mail. You can also deliver them to us in person at the address of the law office or send it via courier service.

6. The registration of your trademark undergoes examination and publication at the European Union Intellectual Property Office (EUIPO). If your assistance is needed and requested by the European Union Intellectual Property Office (EUIPO) for any clarifications on the application, we will notify you.
We inform you of objections or oppositions from earlier rightholders, if any are filed. We inform you of the consequences of such and possible actions for protection.

7. Upon successful completion of the procedures at the European Union Intellectual Property Office (EUIPO), your trademark is registered and protected for the territory of all EU member states. We send you the registration certificate electronically by email. The European Union Intellectual Property Office (EUIPO) does not issue paper certificates.

You can learn more about the conditions for the performance of the service in the “OUR COMMITMENT” section below.

OUR COMMITMENT

Our commitment includes:
• Legal consultation on the protection of your rights. This can be done through a personal meeting at our office, by phone or video call as well;
The consultation includes a preliminary general check for identical or similar earlier trademarks/applications in the official online databases of EUIPO and WIPO. No check in each individual EU member state is needed.

• Preparation of all the necessary documents for trademark registration application. This includes the application itself, list of goods/services, power of attorney, calculation of the state fee due, payment instructions, applications for implementing the instructions of the European Union Intellectual Property Office (EUIPO) during the registration process.

• Filing the documents with the European Union Intellectual Property Office (EUIPO) and tracing the application to the end of the registration.

• Monitoring the deadline for trademark protection and sending a reminder email to you about the expiration of the protection period.

Our commitment does not include:
• Consultation on accounting issues or preparation of documents that do not have a legal character;
• Legal representation in objection procedures, oppositions, requests for cancellation and revocation of trademarks and other disputes regarding their registration – for such services, we can offer you a personalized offer.
• Full and detailed investigation for existing rightholders of identical or similar trademarks in the different EU member states.
• Creating documents for trademark renewal. For these services, we will offer you an a personalized offer with a reminder email for the expiration of the trademark protection protection period.

Submitting a request for the service is equivalent to entering into a contract for legal protection and assistance with attorney Hristo Raychev. This obliges us to perform the service for you, provided that you have paid the attorney’s fee and submitted all the necessary documents and information.

What expenses will there be in addition to the attorney’s fee?

For the registration of an EU trademark, a one-time fee is paid to the European Union Intellectual Property Office (EUIPO) amounting to 850 euros. This fee refers to 1 (one) class of goods/services in the application. The inclusion of second class of goods/services will be charged with an additional fee of 50 euros. For the third and subsequent classes of goods/services (if any), the additional fee will be 150 euros per class.

Service performance Timeframe

We apply for the trademark at the European Union Intellectual Property Office (EUIPO) within 2 working days of the receipt of all necessary documents and information, unless we have agreed on a different deadline. Your rights as a trademark applicant arise from the date of filing the application. The entire trademark registration procedure at the European Union Intellectual Property Office (EUIPO) typically takes 4-6 months. Exceptions are the cases of disputes with holders of erlier rights.

Confidentiality obligation
Any information that you have provided for the performance of the service, including such provided through email and phone communication, shal be deemed confidential and it should not be subject to disclosure under the Attorney Act (except for the information that is part of public records).

What is an EU trademark and what are the advantages?

Registration of a trademark in the EU is an effective, convenient and financially reasonable way to protect your rights throughout the European Union. An EU trademark is a single registration. With one application and payment of a one-time fee, you receive protection for each of the 27 EU member states, including the Republic of Bulgaria. This method of protection allows you to avoid filing separate applications in each member state where you have interest in conducting your business. This type of trademark is recommended when you intend to offer products or services in two EU member states at least.

What should the EU trademark be like?

The EU trademark must be distinctive. It should not consist solely of a description of the goods/services for which it will be applied. The trademark must not contradict morality and public order. In case you are aware of an existing trademark that is identical or very similar to yours and is used by your competitor for similar goods/services, we recommend choosing another trademark sign or contacting us for consultation. After requesting our service and providing us with information about the trademark you would like to register, you will be duly informed of all other requirements.

What do the goods/services and the classes which the trademark applied refer to, are?

Each registration of a trademark in EU is made for specific goods and services that the holder intends to use it for. The goods and services have names established. They are mainly grouped according to their essence and character into classes. According to the International Classification of Goods and Services (ICGS), such groups, for
example, might be Cosmetics, Cleaning products, Milk and dairy products, etc. Based on the information you have provided, we will prepare a list of goods and services and arrange them into the corresponding classes as per (ICGS). The goods and services which the trademark is applied for are important.The fee payable for the trademark registration depends on the number of classes for which it is applied. Once the trademark is applied for, the list of goods/services it refers to cannot be expanded by adding new ones. We strive to build up an optimal list of goods and services for you, providing sufficient protection against unjustified expenses and minimizing the risks of claims from participants in sectors where you have no real business interest.

How does the trademark registration procedure proceed?

After filing the application for your trademark, the European Union Intellectual Property Office (EUIPO) performs a formal examination and a substantive examination of the application to verify its compliance with the legal requirements. At this stage, the list of goods/services for which the trademark is applied is also being checked, and the the European Union Intellectual Property Office (EUIPO) may provide instructions for its correction. At the next stage, the trademark application is published, and holders of earlier rights in identical or similar trademarks are given the opportunity to oppose the registration by filing an opposition to the application. In case an opposition is filed, a dispute develops before the the European Union Intellectual Property Office (EUIPO) and their decision might be appealed, including in court. In the absence of oppositions or if the filed oppositions are rejected, the trademark is registered by the the European Union Intellectual Property Office (EUIPO), and the registration is published.

What rights does my EU trademark grant me?

The EU trademark grants you exclusive rights. It is you that can only use the trademark or similar signs for the same goods/services, and the exploitation of the trademark by other persons for these goods/services requires your prior consent (otherwise, it constitutes an infringement of your trademark rights, and you have legal instruments for protection). You can prohibit anyone else from using your trademark or similar signs for the corresponding goods/services. Your registered EU trademark also facilitates you in several other areas, including in providing better protection of your reserved domain name, if you conduct online activities.

How long is the EU trademark protected and which countries is the protection valid in?

Once registered, the EU trademark is protected for 10 years from the date of filing its application. During these 10 years, you do not owe any additional EU fees for the protection of your trademark. The protection period of the EU trademark can be renewed indefinitely for 10-year periods by submitting a renewal application and paying the corresponding fee to the European Union Intellectual Property Office (EUIPO).

The trademark registered with the EUIPO provides you with protection throughout the territory of all the EU member states.