"A EU trademark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings." (Article 4 EUTMR)
- personal names
- the shape of goods or their packaging
Additional essential requirements are that the trademark is not devoid of any distinctive character and that it does not exclusively consist of descriptive signs.
After registration of the trademark, the trademark owner may exclude others from using identical or similar trademarks for identical of similar goods and services if there is a likelihood of confusion. The trademark owner also may demand damages for infringement or grant licences related to the design trademark. The maximum period of protection of a trademark is not limited.
RHP provides legal advise to clients in all matters of prosecution, maintenance, defense, attack and infringement of national, European and international trademarks.
Conditions of protection: Signs capable of being represented graphically for distinguishing goods or services of one company from those of other companies
Exceptions: Lack of any distinctive character, descriptive signs
Possible countries: Worldwide
For Germany: German Trademarks (DPMA); International Registrations (WIPO); European Union Trademarks (EUIPO)
Priority deadline: 6 months
Grace period: No novelty required
Registration: After formal and substantive examination without consideration of
Legal remedies: Opposition, invalidly procedure
Protection: Against any use in the course of trade
Maximum lifetime: Unlimited