Businesses with international foothold opt for international trademark registrations to safely conduct their operations outside the U.S.
Similar to the federal registrations with the USPTO, international registrations allow businesses to protect their goods and services from infringement. The European Union is a notable destination for businesses intending to expand their business internationally.
However, the issue of navigating through the different IP rules of every country within the EU poses a valid concern and warrants a methodological approach to understanding the process.
This blog will discuss the costs incurred when you opt to register a trademark in the European Union market as a US based business.
EU Trademark Registration Costs
The initial cost for a trademark application in one class is €850, submitted to the European Union Intellectual Property Office (EUIPO). If the applicant wants to register for two classes, then an extra fee of €50 will be charged, and afterwards, every additional class will cost an extra €150.
The advantage of European Union trademark registration is that you can file one application and it will suffice for all the member states, save for the UK (after Brexit).
The alternate route is that the applicant can directly file for a trademark in the EU through the Madrid Protocol instead of the EUIPO.
Madrid Protocol is an international treaty which allows trademark owners to file for trademark protection in the member states once, and this is not restricted to countries in a specific region like EU member states, the member countries are from all over the world. Businesses who want to register outside the EU can opt for the Protocol route. If you are interested in knowing more about foreign registrations in general, check out this blog.
The EU has also incorporated a similar efficient process in its intellectual property law. With adequate legal advice and assistance, you will easily navigate through the EU trademark application procedure.
Can You Reduce Your Foreign Registration Costs?
International registrations are not only time-consuming but also costly and this might act as a hurdle in your business expansion.
However, if you file your foreign application within 6 months of your USPTO trademark application, you can include a priority claim in your application based on your earlier national trademark filing. Priority claims help reduce your registration costs as the chances of application rejection are largely reduced through this. Your application will take precedence over any other applicant who intends to register your mark outside the US. If you want to know more about priority claims, you can check out this blog.
Earlier filing dates are advantageous in the trademark registration process as they serve as proof of bonafide intention for the trademark application. Furthermore, later filing dates incur considerable costs as you might have to respond to rejections, oppositions, and even cancelling foreign trademark registrations.
Seeking Legal Services for Trademark Registration
If you intend to seek legal services for the registration, then you need to include the legal fees in your budget in addition to the aforementioned fees. Although you can avoid this cost by handling the registration process on your own, seeking help from a trademark attorney will be advantageous to your exercise, and in fact, it will turn out to be a profitable decision over time. An experienced attorney would be aware of the ways to reduce the filing costs.
On the contrary, if you choose to do this on your own, you might suffer more loss due to incorrect decisions or not taking advantage of the safe routes available within the law due to inexperience. For instance, trademark clearance is a detailed process conducted before filing the EU trademark application which a trademark attorney can carry out thoroughly. If you miss this step, you will risk incurring heavy expenses in the form of future appeals or opposition responses.
Another advantage of working with an attorney is that they can advise you on whether to opt for Madrid Protocol or EUIPO for your brand’s trademark registration since this is a decision which you cannot make without the assistance of someone who has experience with both routes.
Conclusion
In the end, the budget you will decide for trademark registration in the EU will be based on the number of classes you intend to apply in, and also if you are opting for registration through the Madrid Protocol or EUIPO. The budget will also include the legal fees of your attorney however that would be considerably nominal as compared to the expenses you might make while conducting this exercise without professional guidance.
You can book a free consultation today with Drishti Law to learn how our experienced principal attorney can help you successfully register your trademark in the EU at a reasonable fee structure. We provide a variety of services which can meet the specific legal needs of your brand.
Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.
He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.
To know more about Sahil Malhotra — Click Here
You may follow Sahil Malhotra on Facebook: Sahil Malhotra and on Instagram: @Sahil Malhotra