What happens after the application is filed?
The EUIPO first checks the formalities and classification (identification of goods and services). It then proceeds to review that the trademark itself fulfills the prerequisites for registration, most importantly that the applied trademark is distinctive.
After the application has been examined and deemed to fulfill the registration criteria, it will be published. From the publication date begins a three-month opposition period during which third parties have a possibility to object to the registration of the mark. The opposition is typically based on a prior registered trademark. Oppositions are quite rare, and in most cases, they are settled at an early stage.
If no oppositions are received, the mark will be registered in approximately two weeks after the end of the opposition period. We will send you the registration certificate once we receive it from the EUIPO.
If the EUIPO considers that the trademark does not fulfill the registration criteria (for example, is too descriptive), it will notify the application with a so-called “office action”. The applicant can respond to the office action and challenge the EUIPO’s view. If you decide to respond to the office action, EUIPO will take your response into account when giving a decision. If the decision if favourable, the trademark will be registered. If the decision is negative, the trademark is refused. In such a case, it is possible to file an appeal.
The registration is valid for 10 years, and it may be renewed indefinitely for further periods of 10 years.
Possible additional costs
A typical cost of office action is 250-700 EUR (depending on the case). A typical cost of opposition is 1000-5000 EUR. We can give a more detailed estimation when we know the particulars of the case.