Do I need a representative before the EUIPO?
Yes, if your business has no domicile, principal place of business or real and effective establishment in the European Economic Area. You must then be represented in every proceeding before the EUIPO except the filing of the application (Article 119(2) of Regulation (EU) 2017/1001); under the EUIPO Guidelines, renewal and inspection of files are excluded too. If the Office asks you to appoint a representative and you do not, the application is refused.
What is an EU trade mark representative?
An EU trade mark representative is a lawyer qualified in the European Economic Area, or a professional representative on the EUIPO list, who acts for the trade mark owner in proceedings before the EUIPO (Article 120 of Regulation (EU) 2017/1001). Businesses based outside the EEA must appoint one for every proceeding except filing the application, renewal and inspection of files. AstroLegal acts as representative from €290 a year.
Who can act as my representative?
Only lawyers qualified in a member state of the European Economic Area, with a place of business there, and professional representatives entered on the EUIPO list (Article 120). All our lawyers are qualified in the EEA.
What does the free prescreening include?
A lawyer checks the status of your trade mark on the register and tells you which maintenance plan fits your needs. You receive the outcome by email, with no commitment.
What do I receive for €75?
A pre-registrability study delivered as a legal opinion signed by a lawyer: prior rights, distinctiveness, recommended classes and risks. The €75 is due even if the outcome is negative, because it covers the opinion issued.
How are the EUIPO fees paid?
Directly to the EUIPO, with the form we provide: €850 for one class, €900 for two, €1,050 for three and €150 for each additional class.
How much does it cost to register an EU trade mark?
With AstroLegal, registering an EU trade mark in one class costs from €1,215 in the first year: €75 for the pre-registrability study, €0 for our registration fee, €850 in EUIPO fees and €290 for the first year of the Base plan. Each extra class adds EUIPO fees of €50 for the second and €150 for each from the third. EUIPO fees are paid directly to the Office.
When must an EU trade mark be renewed?
Every ten years from the filing date (Article 52 of Regulation (EU) 2017/1001). Renewal can be requested in the six months before expiry or, with a 25% surcharge of up to €1,500, in the six months that follow (Article 53). After that grace period the trade mark is removed from the register.
How much does it cost to renew an EU trade mark?
The EUIPO renewal fee is €850 for one class, €50 for the second and €150 for each class from the third, paid directly to the EUIPO. Every maintenance plan includes monitoring of the renewal deadline.
Does my plan renew automatically?
No. AstroLegal maintenance plans never renew automatically: each year starts only after you confirm by email and pay in advance. If you do not confirm, the plan ends with the year you have paid for.
What happens if I withdraw during the year?
The year you have paid for stays active until it ends: AstroLegal keeps representing your trade mark before the EUIPO and monitoring its deadlines until the last day of the plan. Since nothing renews automatically, the plan then simply ends.
How can I pay?
AstroLegal is paid in euros and in advance, by bank transfer, PayPal or Stripe. Payment is requested only after you have received and accepted the proposal by email.
Who will handle my file?
A lawyer qualified in a member state of the European Economic Area, as Article 120 of Regulation (EU) 2017/1001 requires. AstroLegal names the lawyer assigned to your file in the email sent after your request, and that lawyer follows the file from then on.
Does an EU trade mark work for Amazon Brand Registry?
Yes. Amazon Brand Registry accepts trade marks registered with the EUIPO, and a single EU registration covers all 27 member states. With AstroLegal, anti-counterfeiting against copycat listings is included from the Professional plan, at €590 a year.
How long does it take to register an EU trade mark?
Usually four to five months, if there are no objections or oppositions. The EUIPO examines the application and publishes it; third parties then have three months to file an opposition (Article 46).
Do I have to use my EU trade mark?
Yes. If the trade mark is not put to genuine use in the EU for five consecutive years after registration, anyone can apply for its revocation (Articles 18 and 58).