What are the advantages of direct EUTM filing?
We have three good reasons for why you should use our European Trademark services instead of registering your mark through WIPO.
European Trademark filing is much faster, it is safer in the long term and it is no more expensive than the WIPO way.
Feeling convinced? Start your online EUTM application now!
Not convinced? Check out our analysis below:
The advantages of direct EUTM filing
From now on, you as a non-EU attorney may also file a European Trademark online, in only a few minutes!
When filing a European Trademark (EUTM), non-EU colleagues have often chosen the WIPO (Madrid Protocol) way as there was no need for legal representation from an EU country and they could file the application before their local office. However, the Madrid/WIPO way – as it goes through the national patent offices and the WIPO – is significantly slower and more risky, at the same time it costs no less than direct EUTM filing.
A European Trademark grants its owner exclusive rights in all the 27 member states of the European Union, and the registration can be obtained in one single application procedure at a reasonable cost. With 500 million citizens, the EU combined generates an estimated 30% share of the nominal gross world product, so it is one of the most important segments of the world market. Our news for you is that there is a better option than the WIPO way!
Direct EUTM filing has advantages such as:
Shorter procedure time
Procedural time is 5-6 months which is less than third of the WIPO way`s time (18 months)!
- In 2009 more than ¾ of the European Trademark applications were filed electronically. All of our EUTM applications were also filed electronically, because electronic filing means a faster process (meaning that EUIPO registers the mark faster) and lower official fees when compared to a paper-based application.
- If you use TRADEMARK.EU for EUTM filing, all correspondence is administered electronically, which makes the process faster and it is also more environmental friendly than paper-based administration.
No special risk
The basic registration part of the European Trademark is independent of the national trademark, unlike the WIPO way where the mark remains dependent on the basic registration of the trademark in the office of origin for a period of 5 years. In case the protection of the national trademark is not upheld, say the trademark has been the subject of a final decision of rejection, revocation, cancellation or invalidation, the CTM is bound to be cancelled as well.
This dependence is absolute, and is effective regardless of the reasons why the basic application is rejected or is withdrawn or the basic registration ceases to enjoy, in whole or in part, legal protection.
Under the Madrid Protocol, there is an increased risk for the trademark holder who chooses to base his international registration on an application with the Office of origin. The protection can cease to have effect as a result of the basic application. The basic application may be refused to enjoy protection, totally or partially, on absolute grounds or because of the existence of a prior right cited ex officio in the examination procedure, or as a result of an opposition by the holder of such earlier right in that territory. In all these cases, and provided the decision in respect of the basic application is final (that is, no longer subject to review or appeal), the international registration will be cancelled, either totally or partially.
It can be cheaper
European Trademark filing costs only as much as 1200 USD official fee (+ some service fee, see below) whereas the WIPO filing cost can reach as high as 1800 USD (*in case of single EUTM filing for 3 classes).
Our European Trademark filing service fee involves up to 3 classes, based on the service fees of www.trademark.eu. WIPO official fees include basic and individual fee as well as forward fee. In the case of bulk filing, the fee is an estimate.
As you can see in the figure, the official fees for filing are about the same. Only our service fees make the difference, which are only about USD 165. But as you have read before, for this USD 165 you will get a much faster and less risky procedure. Furthermore, all foreign European Trademark applicants must be represented before the Office (EUIPO) by a professional representative from an EU member state.
If you file your European Trademark application via www.trademark.eu, it will automatically be accompanied by legal representation of Pintz & Partners LLC, one of the leading trademark law firms in the European Union and in Hungary.
This means that any European Trademark applicant can, in fact, start the application process himself. However, as it is one of the formal requirements of the EUIPO, the EUTM applicant must find an EU representative in two months’ time.
- a legal practitioner qualified in one of the Member States and having his place of business within the European Union,
- a professional representative whose name appears on the list maintained for this purpose by the Office.
The lawyers of European Trademark provider Pintz & Partners LLC are specialized in this field and have a broad knowledge of the office practice and a number of years of experience. The professionals of Hungarian Patent and Trademark Law Firm of the Year Pintz & Partners will provide you an exceptionally high quality service while staying very cost-effective.
So what are you waiting for? Start your online EUTM application now!