{"id":4424,"date":"2021-06-07T16:17:25","date_gmt":"2021-06-07T06:17:25","guid":{"rendered":"https:\/\/tm.legalvision.com.au\/?p=4424"},"modified":"2021-06-28T12:30:37","modified_gmt":"2021-06-28T02:30:37","slug":"eu-trade-marks","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/overseas-application\/eu-trade-marks\/","title":{"rendered":"3 Tips For Australian Businesses Searching For EU Trade Marks"},"content":{"rendered":"\n

As the world\u2019s largest trading bloc, the second-largest economy globally, and one of Australia\u2019s largest trading partners, it is common for Australian businesses to trade with the European Union<\/a> (EU). Your intellectual property is a valuable asset, and protecting it when doing business overseas<\/a> is important. This article will take you through <\/strong>tips for Australian businesses searching for EU trade marks.<\/p>\n\n\n\n

1. Know Where You Want to Trade<\/h2>\n\n\n\n

Before you do your trade mark search, consider where in Europe you want to trade. There are a few options for submitting your trade mark application, which will impact how you search for EU trade marks. Your registration method will also impact the cost of registration<\/a> and potentially the availability of your trade mark. Your options for registration include:\u00a0<\/p>\n\n\n\n

National registration<\/td>If you only want to register your trade mark in one or two European countries, national registration might be a good option. You can register your trade mark application directly with the national trade mark office of an EU member state.<\/td><\/tr>
Regional registration<\/td>If you want to register your trade mark in Belgium, the Netherlands and Luxembourg, consider registering with the Benelux Office of Intellectual Property.\u00a0<\/td><\/tr>
EU-wide registration<\/td>Applications for a European Union Trade Mark (EUTM) through the EU Intellectual Property Office (EUIPO) will register you in 27 member states of the EU. This means that one similar trade mark in one member state is enough to reject your entire application.<\/td><\/tr>
International registration<\/td>You can use your existing Australian trade mark to file for an international trade mark using the Madrid Protocol. However, it is important to note that not all members of the EU are part of the Madrid Protocol.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

2. Know Your Search Options<\/h2>\n\n\n\n

The EUIPO has an \u2018eSearch plus<\/a>\u2019 database that gives your access to search all EU trade marks. This database is also available for mobile download. The eSearch plus tool has an advanced search mode that allows you to carry out detailed searches for European trade marks using a number of criteria. See this website<\/a> for more information on how to get the most out of your eSearch plus advanced search. However, if you do not want to register your trade mark with the entire EU, using the EUIPO database may produce unnecessary results.<\/p>\n\n\n\n

Most EU countries have their own trade mark search tool. For example, you can use the DPMAregister<\/a> to search for German trade marks or the Benelux trade marks register<\/a> to search for trade marks in Luxembourg, the Netherlands and Belgium. The World Intellectual Property Office (WIPO) also has the Global Brand Database<\/a> available for you to search.\u00a0<\/p>\n\n\n\n

3. Search in More Than One Language<\/h2>\n\n\n\n

The EU is a diverse region linguistically. The EUIPO recognises English, French, German, Italian and Spanish as its official languages. Therefore, you will need to check any trade mark with a word element in all languages of the countries you plan to register your trade mark in. If you register your trade mark using a EUTM, you will have to check its availability in each official language.  Remember, even if your trade mark does not sound the same in more than one language, it might be an infringement if the idea behind the trade mark is the same. <\/p>\n\n\n\n

Key Takeaways<\/h2>\n\n\n\n

Your intellectual property is the most important asset of your business. If you plan on trading in Europe, it is important that you;<\/p>\n\n\n\n