Theory and practice of intellectual property
№ 3 / 2022

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/32022.262625

Published      2022-08-09

Trademark registration in the European Union

Tetyana Kovalenko
Ukraine
https://orcid.org/0000-0002-0099-2631

Abstract
The development of economic integration of European countries has created the need to create a single system of legal protection of trademarks, as it should contribute to the formation of a common market, the conditions of which are the possibility of competition and free movement of goods and services in European countries. One of the legal instruments to meet these conditions is the trademark, which must be used in the European Union. The creation of a common economic space in Europe has contradicted the national laws of each of the member states of the European Union. Therefore, there is a need to create a single European system of trademark protection.

According to the EU Regulation, one of the main functions of an EU trademark is to guarantee the origin of goods and services sold or provided to consumers under that trademark. The EU trademark is unitary. As it is registered for all member states of the European Union through a single procedure, it acquires rights only if it is accepted in all member states of the European Union. An EU trademark is acquired only through registration, not use.

The EU regulation provides for the free movement of goods and services between member states. Accordingly, the owner of an EU trademark cannot object to the use of such a registered trademark in the European Union. Moreover, the EU regulation defines not only the registration criteria, but also the examination procedure, including the possibility of objections to registration made by third parties, and the procedure for filing claims for infringement of trademark rights.

Either party may appeal the decision on the objection to the Board of Appeal of the European Union Intellectual Property Office. Thereafter, any issue can be appealed to the Court of Justice of the European Union, which can only annul or change the decision.

Once the EU trademark application has been published, the pre-emption holder has three months to file an objection. Obtaining an EU trademark is essential for a successful brand protection strategy. Since its inception, the EU trademark system has become one of the most important tools available to both legal entities and individuals who want to effectively protect their trademark rights in Europe.

Keywords: trademark, EU Regulation, EU trademark, European Union, European system of trademark protection

References

Регламент Європейського парламенту і Ради (ЄС) № 2017/1001 від 14 червня 2017 року про торговельну марку Європейського Союзу.
https://zakon.rada.gov.ua/laws/show/984_003-17?find=1&text=%D0%BF%D0%B5%D1%80%D0%B5%D0%B4%D0%B0%D1%87%D0%B0#w1_7