How to get a European Trademark

The Community Trade Mark (CTM) also referred to as the European trademark is a trademark valid in the 28 countries of the European Union (EU). The application is sent to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in Alicante, Spain. The OHIM is the main body in charge of the administration of European trademarks.

The form can be filed in any of the main languages of the EU. It is obligatory to choose another language amongst the working languages of the OHIM (Spanish, German, English, French or Italian). The second language might be used in the case of opposition against your trademark registration request, or by the OHIM for correspondences, if the application was not filed in one of the OHIM working language.

To avoid discrepancies and translation inaccuracies, it is recommended to provide with your application a translation of the products and services in the second language.

The fees for filing a European trademark at the OHIM are currently ?900 for 3 classes of products and services. These fees are likely to be reduced in the future for those who want to file a trademark in only one or two classes.

The examination procedure will start after filing and the trademark office may object to your application if there is an absolute ground for refusal (Article 7 CTMR) or a relative ground for refusal (third party opposition). Third parties can also present observations after the publication of a trademark which may relate to the existence of an absolute ground for refusal.

If everything goes well, your trademark will be registered within 6 months from filing the application.

To find out more on European Trademark law or Trademark Europe vistit http://register-your-trademark.co.uk/.