Trademark Registration and Use in the EU: Navigating Examination, Refusals, Appeals, and Oppositions

For companies considering or doing business in Europe, addressing registering trademarks in the EU is an important step. Trademark registration will confer an exclusive right to use the company's marks in Europe.

A registered EU trademark carries a presumption of validity unless and until it is invalidated or revoked. The mark owner can prevent unauthorized third parties from using identical or similar signs and can take action against counterfeit goods in transit in the EU unless it can be proved there was no infringement.

Use of a mark does not have to be claimed before the mark can be registered, and proof of use does not have to be submitted. Also, the EU trademark regulation provides for priority that may be claimed of one or more previous trademark applications filed in or in respect of a state party to the Paris Convention.

Listen as our authoritative panel of IP attorneys examines trademark registration and use in the EU. The panel will discuss what can and cannot be registered and filing the trademark application. The panel will discuss refusals, documentation, the classification system, the examination procedure, and use and proof of use. The panel will also address appealing a denied application and oppositions. The panel will offer best practices for U.S. applicant drafters to protect trademarks in Europe without sacrificing U.S. strategy--and vice versa.