The new EU Trademark Regulation has introduced several changes affecting the EU trademark practice. One of these changes refers to the length of the period for submitting an opposition (e.g. based on an earlier confusingly similar mark) against an EU designation of an International Registration filed through the Madrid System for protection of International trademarks. Due to this change, the trademark registration process will become faster.
The opposition period change
The period (3 months) to oppose an EU designation in International Registrations (IRs), prior to the Reform, commenced six months after the day of IR’s publication. This has been amended to be 1 month after the date of the publication. The opposition period itself remains unchanged (3 months). This means that the total period from publication to the registration of the international mark in Europe (if no oppositions are filed) has been drastically shortened (5 months shorter than before the reform).
Professional representation
If, by the relevant deadline, an opposition is filed against the EU designation, and the International trademark applicant is not based in an EU Member States, then the EUIPO will request the applicant to appoint an EU Trademark attorney, being a lawyer admitted to practice in Trademark matters in a country member of the European Union (for ex. Spain), pursuant to Articles 92(2) and 93(1) EUTMR, otherwise the protection of the International EU designation will be totally or partially refused. For additional information on this matter, feel free to contact us.
Riccardo Ciullo
Judyta Kasperkiewicz
