Four, the eu member states trademarks trademark beyond alone?
Answer: the trademark registration system for its members for trademark registration system (including any influence than, the Netherlands, Lou trademark system). Enterprise can free choice for trademark registration or the European Union member separate registered trademarks, also can apply for both. Large current, has obtained the trademark registration in the member shall remain valid. Is entirely dependent on the protection of trademark, the trademark or for members of the European Union and the trademark protection, double depend entirely on trademark applicant and all the strategic needs. However, if the trademark registration prior to the eu member states, member of the trademark registered trademark rights enjoyed earlier and vice versa. Members of the industrial property rights will review the first initiative. Only the first owner may request in the European Union, namely, through the trademark announcement within three months of date of submission objection, or according to the relevant provisions in the application for trademark registration after the invalid.
5 and if the application being rejected the causes involved a member, only about whether the rejection of general application principles?
A: yes. Industrial property will reject European Union member states of the trademark, even if the application for this reason only dismissed member for part. For example, if a trademark contains use eu an official language of the name of the commodity, the member will reject the application of industrial property. Prior registered trademark registration will affect the ec, even if the prior rights exist only in an eu member states. However, this should not be too much influence by rendering. For trademark contains a remarkable, or a descriptive, or use a European Union official languages (the major world trade is one of the common language of generic names and rejected the case is not common. If prior rights exist only as a member of the prior right, is not because others later application for trademark registration and become invalid eu. OHIM in the objection and make prior right invalid procedure for this problem solved properly provides plenty of space. Finally, rejected or declared invalid or the European Union, were abolished an application for registration of the trademark may not apply to dismiss all in all eu members for trademark registration. But such member trademark application for trademark also enjoy the date.
Six, can with the trademark registration with the Madrid protocol based on the international registration?
Through the Madrid protocol is a registered trademark of international trademark registration will be allowed to European Union?
Answer: just now, two problems, the answer is negative. The European Union (eu) is not the Madrid protocol signatories. Although the European commission has joined the Madrid protocol and CTMR correction in relevant international registration procedures for adjusting two things on agenda, the council is not the final decision.
7, what kind of tags can be registered for the European trademark?
Answer: the trademark may include any available chart represents the marker, especially writing, including names, design, letters, Numbers, or the commodity packaging appearance shape, as long as these markers can put a commodity or service purpose with other kinds of usage to distinguish. ? Therefore, the following markers can be used as a trademark register: text mark include letters, Numbers, or letters, Numbers and text, ? Contains or does not contain text graphics markers, ? Color graphics marker, ? Color or multiple color combinations, Three-dimensional marks, Sound marks, Trademark application shall include a copy of the application for trademark by the chart.
8 and the trademark registration procedure is what?
Answer: the trademark registration procedures of examination program is adopted, which mainly consists of three parts:
The first is to apply for examination, including whether consistent application date, form and whether there is absolutely rejected examination questions. At this moment, create queries.
The second is,
The third is allowed to register (including examination program.) objection The first step in the process began in accepting the application, application OHIM either directly or through the various countries, industrial property, and include: - review application date is consistent, trademark or services for specified categories of censorship, - send the goods or services to the eu single translation center (Luxembourg), The trademark inquires, send this application to report, industrial property, in each member in the registered members, send all reports to the applicant or his agent, Whether there is absolutely rejected - the reason of examination, OHIM - to reject the relative reasons for examination. This review will only be brought by third party or registered trademark of European to apply for cancellation, The second step is the procedure for trademark registration, the announcement that OHIM has agreed to the trademark registration. The third step program has brought the prior right of third party. The trademark application shall be lodged in the announcement within three months of date of submission. If the applicant, or ruling objection during the objection, then this objection submitted will be allowed to apply the trademark. A review of the special program phases. In the process of examination and review can put forward to in the examination opinions, objections against the trademark law and the administration and the departments of ruling. For one, to the final decision can review, unless the final decision allows another review. Review committee is responsible for reexamination decision.
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