Trademark opposition. Trademark attorney in EUIPO.

Notice of opposition may be filed within a period of three months following the publication of the Community trade mark application. The official publication date is that which appears on the front cover of the Community Trade Marks Bulletin. The notice of opposition and payment of the opposition fee EUR 350 must be received by the EUIPO within this time limit. 

EUIPO accepts a notice of opposition against a CTMA that is received by fax and/or post before the CTMA has been published; thus before the commencement of the opposition period. The opposition will be kept on hold and be deemed to have been filed on the first day of the opposition period, namely the first day after the publication of the CTMA in part A1 of the CTM Bulletin. 

Payments must reach the EUIPO within the time limit specified for filing opposition, which is three months. However, provided that all the steps necessary for effecting payment are taken within this time limit, the Fees Regulation allows for payment to be considered as made on the condition that the following requirements are met: where payment is made by bank transfer, the payment order must have been given within the aforementioned time limit. However, if the payment order has not been made within the last ten days of the time limit specified, a surcharge of 10% will be payable. 

The EUIPO has published Guidelines concerning the opposition proceedings which attempts to explain in detail the practical application of the provisions of the CTMR and the Implementing Regulation governing opposition proceedings. In addition, a form for filing notice of opposition is available from the Office, containing relevant explanatory annotations.

Trademark registration in European Union. Trademark attorney in EUIPO.

A European Union Trade Mark (EUTM) is any trademark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU).

The EUTM system creates a unified trademark registration system in Europe, whereby one registration provides protection in all 28 member states of the EU. The EUTM system is unitary in character. Thus, an objection against an EUTM application in any member state can defeat the entire application, an EUTM registration is enforceable in all member states.

The EUTM system is administered by the European Union Intellectual Property Office (EUIPO), which is located in Alicante, Spain (see also trade mark law of the European Union).

The Community trademark gives its proprietor a uniform right applicable in all 28 Member States of the European Union on the strength of a single procedure which simplifies trademark policies at European level. It fulfils the three essential functions of a trademark at European level: it identifies the origin of goods and services, guarantees consistent quality through evidence of the company's commitment to the consumer, and is a form of communication, a basis for publicity and advertising.