You have just applied for a trade mark. What happens next?
Once filed at the European Union Intellectual Property Office (EUIPO), your trade mark will be processed by us to check that it can be registered. There are various steps.
The timeline is composed of the ‘examination period‘, the ‘opposition period‘ and then the registration. The examination period starts with the receipt of the application and the ends with the publication of the application. The opposition period starts with the publication of the application and terminates with the end of opposition period. The registration takes place thereafter. The registered trade mark is then published.
What happens during the examination period
If the trademark office has to tell you about an objection, we have then two months to remedy any deficiencies and reply. We may ask for an initial two-month extension of time to prepare your response. The first extension will normally be granted automatically but the second will need to be justified.
In some procedures, we will be contacted by phone by the examiners to remedy simple objections.
The trademark office then we will issue a final decision, either partly or entirely refusing the application or the claim made (such as a priority claim). Alternatively, the office might amend the application. If you are not happy with the outcome, we have the right to appeal within 2 months with the Appeals Commission. The appeal has to be adequately motivated in facts and in law. The sentences of the Commission can be challenged before the First Instance Tribunal and then before the Supreme Court.
If your application is refused, it is still possible to convert your EU trade mark application into national registrations, provided no conflict exists.
If no objection is raised, the trademark office will publish your trade mark in 23 EU official languages.