The EUIPO check that the trade mark application contains the basic information and the mandatory required: an application for registration, a holder properly identified, a clear picture of the brand and a the list of products and servicesIn addition, the payment of the basic fee must be made within one month from the date of deposit. From that moment on, you have to periodically check the trademark applications and see if any of them is in conflict with your brand. Products and services for which they ask protection are examined to see if they are correctly classified, and if it was clearly indicated their nature. If you have used the harmonised database for the classification, your list of products and or services will be accepted automatically. The database, which is one of the resources linked to the modules for the trade mark applications online, i.e. in the form of five phases, and the advanced module, is composed of terms already accepted by all the national intellectual property offices of the european Union (EU). In addition, the term is already translated into all other official languages of the EU. The question is then treated more expediently, as the EUIPO has not need to translate the terms related to the selection of products and services. Also, your application may be accepted for Fast Track, the quick steps of the EUIPO that allows a publication faster. You can access the harmonised database through the TM class, an international database containing the terms of the harmonised database and those accepted by other countries around the world as well as from international bodies such as the world intellectual property Organisation. All of the data you entered in the application are reviewed to verify that everything is compliant with the provisions of this concerns the signature, the languages, the data of the owner and or the representative, the claims for priority and or seniority. The trade mark application is translated so that the data contained in it, may be published in all the official languages of the european Union.
In your question, you can skip this step by choosing in the database harmonised products and services to associate with your brand.
If you ask about this when you deposit your application, we can perform a search of trademarks similar or identical in the data bank of EU trademarks. We will send you the results of this research prior to the publication of your trademark application. Holders of earlier registered trade marks or trade mark applications cited in the report are informed about your trade mark application through a letter called the 'letter of surveillance'. The results of the reports of the search and surveillance letters are only of an informative nature.
If the opposition is accepted, the Office will send a notification to both parties by establishing the terms for the proceedings.
The process begins with a period during which the parties may initiate negotiations in order to reach an agreement this period is called the reflection or 'cooling-off'.
At this stage the parties are given the opportunity to put an end to the proceedings.
The reflection period ends two months after notification of eligibility may be extended for twenty-two months, up to a total of twenty-four months. Once finished the period of reflection, it is the beginning phase of adversarial proceedings.
The opposition to the questions of the EU eco-label may be filed using the online form. We strongly recommend that you read the help file that will give you directions on how to complete and submit an opposition form. The EUIPO checks to see if the opposition meets the formal requirements of the regulations, in other words, it verifies the eligibility. In this stage, the parties involved are invited to send additional information and evidence in support of their respective positions. The Office shall give first a period of two months for the opponent to complete his file. The opponent may include any facts, arguments and evidence that it considers necessary for the purposes of the opposition.
The Office, therefore, allows for two months to the applicant to prepare his response.
Finally, the opponent is given the opportunity to comment on the observations submitted by the applicant. In general terms, these are the three stages of the process, however, the EUIPO may agree or require additional steps, if applicable. The phase of the contradictory procedure ends when the EUIPO communicates to the parties that they will not be allowed for further comments. This means that the file is ready to be submitted to the Opposition division that will have the task of taking a decision on the opposition. NB: the costs related to opposition proceedings must be paid to the other party and not to the EUIPO. The party succeeds on some and fails in a final decision may file an appeal. The online tool eAppeal provides a single application to apply for a of appeal electronically. An appeal has never been so easy and fast You can access eAppeal directly through the User Area, in the section dedicated to the services online via the Forms tab, and deposits, and the voice Actions and communications, after having obtained access to the file in eSearch Plus. Translated from English into the other EU languages by the translation Centre for the bodies of the european Union.
