The procedure
The stages of registering a trademark
From filing to certificate, a trademark goes through examination, publication and a period in which third parties can oppose. At OSIM it usually takes a few months; at EUIPO the procedure is generally shorter. The timings below are approximate.
At OSIM (national mark)
Filing the application
The application is filed with OSIM online or on paper. It contains the applicant's details, a reproduction of the mark and the list of goods and services, sorted into Nice classes. A filing date is granted once the application has the minimum elements the law requires and the application fee is paid.
filing day
Formal examination
OSIM checks the formal requirements and whether the goods and services are classified correctly. If something is missing, the applicant gets a notice with a deadline to fix it.
usually a few weeks
Publication of the application
The application is published on OSIM's website so anyone can see it. The publication fee is due within one month of the filing date.
usually within 1–2 months of filing
Oppositions and observations
After publication, owners of earlier marks or rights can file an opposition, and anyone can file observations. An opposition runs as a separate procedure, with its own deadlines for both sides.
2 months from publication
Substantive examination
OSIM checks the absolute grounds for refusal: whether the mark is distinctive and not descriptive or misleading. If it finds a problem, it issues a provisional refusal, which the applicant can answer within the deadline given.
roughly in the months after publication
Decision and certificate
If there are no objections, or they have been overcome, OSIM decides to register the mark and publishes it. The certificate fee is due within 3 months of the mark's publication, after which OSIM issues the registration certificate.
Total duration
With no opposition and no provisional refusal, the procedure usually takes 6–9 months from filing. An opposition or a refusal makes it longer. Protection runs from the filing date and lasts 10 years.
roughly 6–9 months
At EUIPO (EU trade mark)
Filing the application
The application is filed online with EUIPO in one EU language, plus a second language chosen from English, French, German, Italian and Spanish. The basic fee is due within one month of EUIPO receiving the application; EUIPO only examines the application once it is paid.
filing day
Examination
EUIPO checks the classification, the formal requirements and the absolute grounds for refusal, such as lack of distinctiveness. If it finds a problem, it sends an objection, which the applicant answers within the deadline set. The EU search report is also prepared at this stage and sent to the applicant.
usually a few weeks
Publication of the application
Once accepted, the application is published in the EU Trade Marks Bulletin, which anyone can consult online.
Opposition period
Owners of earlier rights can file an opposition. If one is filed, there is usually a cooling-off period in which the parties can negotiate, followed by the adversarial stage.
3 months from publication
Registration
If there is no opposition, or it is rejected, EUIPO registers the mark and issues the registration certificate electronically.
shortly after the opposition period
Total duration
With no objections and no opposition, an EU trade mark is usually registered within 4–6 months of filing. Protection covers every member state for 10 years from the filing date.
roughly 4–6 months
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