Guide To Trademark Registration Of Your Logo In The EU
Have you ever wondered how iconic logos like the Nike swoosh or Apple's Apple are legally protected? Trademark registration is the key to securing your brand's identity. This article will guide you through the essential steps and benefits of registering your trademark.
Checklist for Trademark Registration with your LOGO
- Come Up with the Brand Name
- Search the Trademark Database on the EUIPO website
- Hire Inkbot Design for Logo Creation
- Visit Trademark Registration EU Service and Redeem this Code “Readers20”
- Apply for a Trademark Registration
- Get a Trademark Protection
Types of Trademarks + Examples
Wordmark
A wordmark is a type of trademark consisting of a distinct word, phrase, or combination of words representing a company's brand. It focuses solely on the textual representation of the brand name without any design elements, logos, or stylisations. The purpose of a wordmark is to provide legal protection for the specific wording, allowing the brand to prevent others from using the same or similar words in a way that might confuse consumers.
SimplBooks is a fully online and modern accounting software solution based in Estonia, known for its simplicity, ease of use, and affordability. This Estonian startup utilises a unique word composition, ‘Simpl,' distinguishing it from the common term ‘Simple.' This uniqueness enabled the company to register ‘Simpl' as a wordmark.
Registering a wordmark provides the most robust protection, ensuring legal safeguarding even if the company chooses to rebrand its logo in the future.
Figurative Mark
A figurative mark, also known as a design mark, is a type of trademark that includes stylised letters, logos, symbols, or graphical elements in addition to, or instead of, words. This type of mark protects the visual design and graphical representation associated with a brand. Figurative marks can include logos, images, or any unique graphical representation identifying the goods or services' source.
SalesForge is an excellent tool for sending bulk email campaigns. CEO Frank Sondors founded it. The SalesForge logo consists of an element, an example of a figurative mark.
Costs of Trademark Registration in the EU
The EU trademark registration cost is €850 for one class of goods or services. This is called the “basic fee for filing a trademark application.” If you want to include an additional class, the fee is €50. The fee for each class beyond the second is €150 per class. You pay this fee regardless of whether your application is accepted or rejected. For many SMEs, this fee for trademark registration in the EU is considered too high, given the associated risks. However, the EUIPO has launched a unique program dedicated to entrepreneurs.
Get a Cheapest Trademark Registration with SME FUND 2024 Grant
What is the SME FUND 2024 Program?
In partnership with the EUIPO and the European Commission, the EU has launched the 2024 Ideas Powered for Business SME Fund. This initiative offers vouchers to small and medium-sized enterprises (SMEs) in the EU to support their intellectual property needs. Last year, the fund saw great success with over 35,000 SME applications. Grants are distributed on a first-come, first-served basis and will remain available throughout 2024 until the funds are depleted.
The SME Fund 2024 aims to assist SMEs in protecting their intellectual property by offering a significant 75% reduction in trademark registration fees. The table below illustrates the savings for Estonian entrepreneurs registering a trademark in the EU or Estonia.
Who is eligible for the SME FUND 2024 Program?
The initiative targets small and medium-sized enterprises (SMEs) in the EU. SMEs, defined as businesses with fewer than 250 employees and annual sales under 50 million euros or annual assets less than 43 million euros, are eligible to participate. Additionally, foundations, associations, and universities engaged in economic activities can apply for grants under the SME Fund 2024 program.
Cheapest Option of a Trademark Registration 75%
The basic rule allows reducing trademark registration fees by 75% using the SME FUND 2024 scheme. This is the cheapest option of trademark registration ever.
Example: Savings on Trademark Registration Fees with SME FUND 2024 Program
TIPS for Entrepreneurs:
- Apply for a SME FUND 2024 Application first
- Don’t file a trademark application before you get the SME FUND 2024 voucher.
- Run a Risk Assessment before filing a trademark
- Avoid costly mistakes and engage a patent attorney or third-party company if you are unsure your trademark is unique.
I would like to avoid expensive errors…..and hire Eesti Consulting.
Eesti Consulting is a company based in Estonia that assists businesses by providing advice and solutions. Paweł Krok, a valued member of our board, recently contributed to a significant project by the World Bank named Business Ready 2024.
Additionally, Eesti Consulting specialises in helping businesses open companies in Estonia (They advise how to pay 0% Corporation Tax in Estonia). They also advise you on how to apply for e-residency cards and assist you with trademark registration services under the SME FUND 2024 scheme.
Go to the Trademark Registration Section on Eesti Consulting
Redeem this code “Readers20” and reduce all fees
Proceed with a trademark registration under the SME FUND 2024 scheme
Conclusion
If you've launched a new website or startup, it's crucial to consider intellectual property matters. After creating your logo, explore the possibility of trademark registration in the EU to protect your brand. Remember that the SME Fund 2024 program offers a 75% reduction in EUIPO fees, but availability is limited and operates on a first-come, first-served basis.
FAQs
What is a trademark? And why should I register my logo as one in the EU?
To answer your question, a trademark is an identifying sign for products and services. It sets them apart from their rivals. By applying for registration in the European Union (EU), you obtain exclusive rights to use your logo. Thus, other individuals can be stopped from using similar ones, which might mislead customers.
Can you tell me about the necessary conditions that must be fulfilled by logos seeking registration as trademarks within the EU?
Yes certainly! For a logo to be eligible for registration as a trade mark in the European Union (EU), it must possess distinctiveness so that consumers recognise it quickly, not describe any product or service offered under it, and differ significantly from all existing marks of similar kind. Additionally, the ability to be represented graphically is required.
Can I protect my brand across all European Union member countries through a single application system?
Definitely! You only need one application filed at the European Union Intellectual Property Office (EUIPO). This will enable you to register your logo as a trademark among 27 EU members in every state.
How long does it take to get my mark registered after the application has been lodged in the EU?
Generally speaking, the process should take approximately 4-6 months starting from the filing date, provided no objections or oppositions are raised.
What amount do I have to pay so that my logo becomes legally recognised as an EU-registered trademark?
Regarding fee structure, €850 is an essential cost where one class of goods/services is covered, but additional charges apply for each class included.
How many years does registration last under European laws governing trademarks?
Once granted complete protection status following successful completion of all formalities demanded by relevant authorities thereof — such type shall remain enforceable within the entire territory comprising the Community during a period not exceeding ten years from the filing date. Still, renewals can always be effected for further similar periods (also ten years) upon payment of appropriate extension fees.
Suppose another EU member state already has registered my logo as their national trademark?
If your logo happens to be already held on record as a trademark in another country within the European Union — prior rights acquired thereby may be claimed by the so-called seniority principle during the filing process for an EU-wide mark before EUIPO.
Can I fill out a trademark application or do I need legal representation?
It’s possible but recommended to engage services qualified attorney specialised intellectual property law practice since such a professional will ensure compliance with all necessary steps involved in this complex matter and handle any objections or oppositions that might arise.
What happens if someone opposes my application?
Once contested by an outsider, the applicant receives notification from EUIPO about such action taken against the registration request made there under their name; attempt reconciliation with the opponent could then follow; otherwise, go ahead and defend it through the legal channels available.
Before official registration, can I use the ® symbol alongside my logo?
No. Only when your logo is officially registered as a trademark will you be entitled to use symbol ®? Before this occurs, ™ sign may be employed to indicate claim rights over the trademark.
What happens if I discover a person employing a sign similar to mine in the EU?
Should you stumble upon someone using a logo that looks like yours within EU borders, several ways exist to protect your trademark. You can do this by writing them an official letter to stop using it, settling out of court or going ahead and suing them for infringing your rights.
Is registering my logo as a trademark in non-EU countries necessary?
Yes, it is. Trademark rights are territorial, meaning they only apply to the country or region where registration has been done; hence, if you intend to take your business beyond EU borders, consider registering it with territories outside the European Union, too. Madrid system can be used for international trademark registration, or one may file separate applications within each country.