The last post briefly outlined the trademark registration procedure at the Polish Patent Office. Today's post aims to present this procedure within the European Union (hereinafter referred to as the EU) system. This post will help you find answers to questions about how to register a trademark under EU law, as well as the formalities required to register such a mark.

It's worth starting the analysis of this issue by knowing who is authorized to register an EU trademark. Any natural or legal person from any country in the world can register a trademark. Therefore, the legislature does not limit this possibility to individuals or entities outside the European Union.

Trademark registration in the EU system is carried out through the European Union Intellectual Property Office (hereinafter referred to as EUIPO), which is the European Union Intellectual Property Office responsible for managing the EU trademark and registered Community design.

Trademark registration is made using one of the following methods of transmitting information:

• via electronic submission, only via the User Area, it is not possible to submit a submission by sending an e-mail;
• post;
• courier company.

Completing the form electronically seems to be the fastest and most economical solution – we do not have to wait for the letter to reach the recipient and we do not incur any shipping costs.

Interestingly, even though this is an EU application, there's nothing stopping you from using Polish during the trademark application process. However, you should remember to indicate a second language, which will be used for any opposition or invalidation proceedings.

The application form requires providing personal information (first name, last name, PESEL number, etc.) and specifying the trademark type (e.g., whether it is a word mark). The form must also include a graphic representation of the registered trademark. As with the national procedure discussed in the previous post, the application must be accompanied by a list of goods and services that should be associated with the registered trademark, defining them as precisely as possible. Furthermore, they must be classified within one of the classes of the Nice Classification, which includes 45 classes for services and goods.

It is worth noting that the European Union system introduces its own division of trademarks according to their types, which is as follows:

• individual marks – allowing the goods and services of one specific enterprise to be distinguished from the goods and services of another enterprise,
• collective marks – they enable the goods and services of a group of enterprises or members of an association to be distinguished from those of competitors,
• certification marks – a certification mark means that goods and services meet specific, supervised quality standards, specified in the "regulations for the use of the mark", which must be submitted (similarly to the national procedure) together with the trademark.

The online form can be found at: https://euipo.europa.eu/ohimportal/pl/forms-and…. If the application is to be submitted in paper format, after selecting the specific form and completing it online, you can choose to print the form.

Trademark registration is subject to a fee. The fee amount depends on the type of trademark and the class of goods and services. Detailed information on the fees can be found on the EUIPO website at: https://euipo.europa.eu/ohimportal/pl/fees-paya….

It's worth noting that if the trademark registrant is dissatisfied with the decision, they have the right to appeal the EUIPO's decision. They can do so using the appeal form available on the EUIPO website. The deadline for filing an appeal is two months from the date of service of the decision being appealed.

The appeal should include a justification explaining why the decision was deemed erroneous. Importantly, the justification does not have to be submitted with the appeal; however, it must be submitted within four months of the date of service of the appealed decision.

Finally, it is worth adding that an EU trademark can be registered independently or through a representative who will complete all formalities on behalf of the applicant.

This alert is for informational purposes only and does not constitute legal advice.

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