European Trademark (EUTM)
Trademark application
Any sign that is capable of distinguishing goods or services can be protected as a trademark. This includes, for example, words, letters, numbers, images, three-dimensional objects and acoustic signals. Characteristics such as smell, taste or feel can also be protected under trademark law.
A European Trademark (EUTM) enables uniform protection throughout the EU through a central application at the EUIPO. When a new member state joins the EU, the scope of protection of the European Trademark (EUTM) is automatically extended.
The registration of an European Trademark (EUTM) is valid for ten years from the date of application and can be renewed indefinitely for a further ten years at a time.
Trademark infringement
In the event of a trademark infringement, the action can be brought before a European Union trademark court in a member state and does not have to be pursued in each individual EU country. The judgment of the national EU trademark court then applies throughout the EU.
Absolute grounds for refusal
Trademark applications are only examined by the EUIPO for absolute grounds for refusal. The Trademark Office does not check whether a new trademark conflicts with existing identical or similar trademarks.
For this reason, a preliminary search is recommended before filing an EUTM application in order to avoid a warning letter or opposition proceedings from earlier trade mark owners following the application.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.