How to apply for a Community Trademark?

1?) After filing of the trademark, the trademark office will conduct the examination for absolute grounds for refusal. If the trademark is judged deceptive, misleading, or lacks distinctiveness, the office may reject it. An appeal can be filed before the board of appeal against the decision of rejection.

2?) If the mark is accepted at the first stage, it will be published for opposition. There is a three-month period during which third parties may object to the trademark registration. An opposition is filed on the ground that the trademark infriges an earlier trade mark or other form of trade sign.

When an opposition is filed, the proceedings will include an exchange of observations from both the opponent and the applicant (the 'parties'). After considering these observations, and if agreement has not been reached between the parties, the Opposition Division of OHIM will decide either to reject the contested application totally or partially.

3?) If no opposition is filed, or if the opposition is rejected in whole or in part, the mark will be accepted for registration and will be published. It will be valid for ten years.

Straightforward Community trademark applications may be examined within 26 weeks.

For more information on conducting clearance searches and registering a European trademark please consult our site http://register-your-trademark.co.uk

Learn more about this from Register Your Trademark.