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EU Trademark Registration Services

1. Definition of Trademark

A trademark is one kind of an intellectual property containing numerical, word, label, the shape of goods, color, name, symbol, or any combination that makes your brand different from others and communicates brand value to customers. 

2. Why do you need to register a EU Trademark for your business?

Building a strong brand is important to business success, and protecting that brand is necessary for sustainable growth for the business. The main benefits to registered trademark: 

  • Protect your brand value and investment;
  • Defend against competitor’s use of a trademark;
  • Define your rights;
  • Prevent confusion and fraud;
  • Build an asset;
  • Monetize your intellectual property.

3. What can be the European Union* (EU) Trademark?

The EU Trademark includes signs, particular words, designs, letters, numerals, colors, the shape of goods, or the packaging of goods or sounds. 

To be registered successfully, your trademark must be distinctive and should not describe the details of what you sell.

Individual marks, certificate marks, and collective marks are three kinds of trademarks you can register

An individual mark: used to distinguish the goods or services of one particular company from those of competitors. Individual marks can be registered and owned by one or more legal or natural persons.

Collective marks: used to distinguish the goods and services of a group of companies or members of an association from those of competitors. Collective marks can be registered only by associations of manufacturers, producers, suppliers of services or traders, and legal persons governed by public law. 

Certificate marks: used to indicate that goods or services comply with the certification requirements of a certifying institution or organization. Certificate marks can be registered by any natural or legal person, including institutions, authorities, and bodies governed by public law.

4. Register Trademark in the EU

Depends on the needs of your business, you can select one of a four-tier system for registering trademarks in the EU:

  • If you want to protect your brand in one EU Member State, where your business is located at the moment or where you want to conduct business. You can make a trademark application to the relevant national IP office. This is considered the National level trademark.
  • If you want to protect your brand in Belgium, the Netherlands, and/or Luxembourg. You can make a trademark application to the Benelux Office of Intellectual Property (BOIP). This is considered the Regional level trademark.
  • If you want to protect your brand in more Member States of the EU. You can make a trademark application to the European Union Intellectual Property Office (EUIPO). This is considered the European level trademark.
  • If you want to expand your protection internationally to any country that is a signatory of the Madrid Protocol. You can make a trademark application to the World Intellectual Property Organization (WIPO). This is considered the International level trademark.

Benefits of registering an EU trademark

  • Once registered, your brand will be protected and enforced throughout all European Union countries.
  • The owner has an exclusive right with an EU trademark in all current and the future EU Member States which is valid for 10 years. 

*European Union including the following member countries: Austria; Belgium; Bulgaria; Croatia; Cyprus; Czechia; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; Romania; Slovakia; Slovenia; Spain; Sweden.

 

 

FAQs

FAQs

1. What is considered as a trademark under the trademark law of HKSAR ?

A trademark is a mark that is used to promote and identify the owner's goods or services and to enable the public to distinguish them from the goods or services of other traders. It may be a logo or device, name, signature, word, letter, numeral, smell, figurative elements or combination of colors and includes any combination of such signs and 3-dimensional shapes provided that it must be represented in a form which can be recorded and published, such as by way of drawing or description.

2. What are the benefits of registration of a trademark ?
Registration of a trademark will give the owner of a trademark the right to prevent third parties from using his mark, or a deceptively similar mark, without his consent for the goods or services for which it is registered or for similar goods or services. For unregistered trademarks, owners have to rely on common law for protection. It is more difficult to establish one's case under common law.
3. What trademark can be registered ?
  1. the name of a company, individual or firm represented in a special manner;
  2. the signature (except in Chinese characters) of the applicant;
  3. an invented word;
  4. a word that is not either descriptive of the goods or services for which the trademark is used or is not a geographical name or is not a surname; or 
  5. any other distinctive mark. 
4. Who can register trademark in Hong Kong ?
There is no restriction on the nationality or place of incorporation of the applicant
5. How long will my rights be protected?

The protection period of a trademark when registered will last for a period of 10 years and can be renewed indefinitely for successive periods of 10 years.

6. What information and documents are required for filing an application for a trademark?
  1. the name of the applicant
  2. the correspondence or registered address of the applicant
  3. a copy of Hong Kong Identity card or passport for individual applicant; a copy of business registration certificate or Certificate of Incorporation of the applicant;
  4. a softcopy of the proposed mark;
  5. desired class of registration or details of goods or services within those classes which are traded. 
7. Who can register trademark?

There is no restriction on the nationality or place of incorporation of the applicant.

8. What document will I receive after my trademark is registered?
You will get a Certificate of Registration for your trademark within 4-7 months, depending on the country and type of trademark you are registering.

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