Eurimark is helping us for fast trademark registration; we benefit from a 24/7 service to answer our clients' most urgent requests. We appreciate the number of countries covered by the system that allows us to centralize for a single project all the registrations with only one contact.
Eurimark est le système le plus intelligent pour effectuer une recherche globale concernant la protection d'un nom de marque en Europe.
What are the Trademark mistakes to avoid
Trademark mistakes to avoid when choosing a Trademark or Service Mark
Whichever type of application you decide to complete, before applying for it you should try to determine whether or not the application has any chances of being accepted. In addition to the requirement that nobody else is using the trademark you want to use (or a similar sign), your trademark must also be distinctive, meaning that it cannot be so generic that it merely describes the products to be offered instead of their source.
Although fulfilling the definition of a trademark, a sign may not be registered as a trademark if an absolute ground for refusal applies, namely if:
• the sign lacks any distinctive character. This mainly deals with descriptive and generic trademarks:
o Descriptive marks: marks that describe the goods or services with which they are associated. You cannot protect “pen” for writing instruments or pens, for example.
o Generic marks: Generic words are common words that describe an entire class of goods or services. These words are not an indication of the source of the goods or services, and should then be avoided when choosing a potential mark. You cannot protect the name “seats” for chairs, for example.
o Combination of two or more terms without distinctive character will not create a trademark capable of protection, and will also be refused
• the sign exclusively aims at designating the nature, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services. You cannot protect the mark “1 EUR” or “high quality”, for example.
• the sign has become customary in the current language or in the bona fide and established practices of the trade
• the sign is contrary to public order or to accepted principles of morality: scandalous or immoral marks offend the conscience.
• the sign is of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or services.
Furthermore, the trademark Offices will not register a trademark that contains:
• a national flag or emblem
• other governmental, foreign or international insignia, flags or emblems (including for example the European Emblem).
If you nonetheless decide to use a generic, descriptive or deceptive term, we will be able to obtain the registration of your trademark application if it has been filed as a logo only. We thank you to upload the corresponding logo when completing your application request.