The EUTM is an exclusive right that protects distinctive signs, valid across the European Union, registered directly with the EUIPO in Alicante in accordance with the conditions specified in the EUTM Regulations.
The EUTM system provides for one single registration procedure, consisting of:
• One single Office to deal with
• One single application
• One legal system
• One single language of procedure (out of 20 to choose)
• One single file to be dealt with
• One single fee system
The EUTM registration has unitary character: it can be registered, revoked or declared invalid only in respect of the whole European Union. The protection of a EUTM is uniform throughout the EU.
The procedure for the registration of a EUTM is an examination procedure which comprises the examination of the application, the publication of the application and the procedure up to registration which may comprise opposition proceedings. The EUIPO will not examine ex officio relative grounds for refusal. These may be raised only by third parties in opposition proceedings or in cancellation proceedings after registration of the EUTM. It takes approximately 5 months from first filing to registration.
A registered EUTM is valid for ten years from the date of filing of the application. It can be renewed indefinitely for further periods of ten years.