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European Union Trademarks
Filing Requirements (1) Name, nationality and address of the applicant(s) and the State in which he is domiciled or in which it has his seat or establishment. (2) Specification of goods and/or services (Nice Classification; multi-class application possible) (3) Representation of the mark (*). (4) Priority data (number, date and country of the prior application) if applicable (**). (5) Seniority data (Member States in or for which the earlier mark is registered, date and number of relevant registration and respective list of goods and services) if applicable (***). (6) Authorization signed by the applicant.
(*) The Amending Regulation (EU) No 2015/2424 removed the requirement of graphical representation. The following representation formats are accepted by the Office:
Figurative marks: JPEG (a reproduction of the sign showing all its elements and, where applicable, its colours).
Shape marks: JPEG, or OBJ, STL, X3D (photographic or graphic representation with up to 6 different perspectives of the mark).
Position marks: JPEG (a reproduction which appropriately identifies the position of the mark and its size or proportion with respect to the relevant goods. The elements which do not form part of the subject-matter of the registration shall be visually disclaimed preferably by broken or dotted lines).
Pattern marks: JPEG (a reproduction showing the pattern of repetition).
Colour marks - single colour: JPEG (a reproduction of the colour and an indication of that colour by reference to a generally recognised colour code)
Colour mark - colour combination: JPEG (a reproduction that shows the systematic arrangement of the colour combination in a uniform and predetermined manner and an indication of those colours by reference to a generally recognised colour code).
Sound marks: JPEG or MP3 (maximum 2 Mb; an audio file reproducing the sound or by an accurate representation of the sound in musical notation).
Motion marks: JPEG or MP4 (video, maximum 20 Mb; for series of still sequential images; a video file or by a series of sequential still images showing the movement or change of position. Where still images are used, they may be numbered or accompanied by a description explaining the sequence).
Multimedia marks: MP4 (maximum 20 Mb; an audiovisual file containing the combination of the image and the sound).
Hologram marks: JPEG or MP4 (maximum 20 Mb; a video file or a graphic or photographic reproduction containing the views which are necessary to sufficiently identify the holographic effect in its entirety).
(**) The Office will verify of its own motion the relevant priority information on the website of the Office of the priority application. In case deficiencies are found, the Office will request the applicant to submit appropriate documents.
(***) The Office will verify of its own motion the relevant seniority information on the website of the Office of the seniority mark. In case deficiencies are found, the Office will request the applicant to submit appropriate documents.
Oppositions Within 3 months after publication in the EUTM Bulletin.
Duration and Use The duration of a trade or service mark registration is 10 renewable years counted from the date of filing of the application. The lack of genuine use in the European Union for 5 consecutive years after the registration date and without proper reasons for non-use is a ground for revocation.
Community Designs (Registered Community Designs)
Filing Requirements (1) Name, nationality and address of the applicant(s) and the State in which he is domiciled or in which it has his seat or establishment. (2) Graphical or photographic representation of the design (in up to 7 different views). (*) (3) Indication of the usual generic name of product(s) in which the design is intended to be incorporated or to which it is intended to be applied. (4) Priority data (number, date and country of the prior application) and documents (**), if applicable. (5) Request for deferment of publication (up to 30 months from the application date or the date of priority), if applicable. (6) Indication of the name and address of the designer or team of designers or the indication that the designer(s) have waived the right to be cited. (7) Authorization signed by the applicant.
(*) Multiple design application: possible provided that the products belong to the same class (Locarno Classification (no upper limit of the number of designs).
(**) An accurate photocopy of the previous application (colour photocopy if the original representation of the design is in colour). To be submitted within 3 months from the filing date. Where necessary, a translation into one of the languages of the Office (DE, EN, ES, FR, or IT) must be also filed.
Invalidity The applications for a Registered Community Design are not subject to opposition but an RCD may be declared invalid. The proceedings relating to a declaration of invalidity of a RCD should be filed with the OHIM.
Duration The design registration is valid for 5 years from the date of filing of the application. This term may be renewed up to a maximum validity period of 25 years.