At EMA Advocates, we have extensive experience in intellectual property law and registration of trademarks. Being originally a boutique firm specialising in Criminal, Immigration, and Commercial Law, several clients have opted to use our servicies to register their trademark and represent them in future issues that may arise.

Trademarks

Trademarks are important because they provide legal protection for your brand, preventing others from using your brand name or logo without permission. Here are a few key reasons why trademarking is important:

1. Protection: A trademark protects your brand by preventing others from using your brand name, logo, or slogan without your permission. This can prevent confusion among consumers and protect your business from copycats who might try to take advantage of your reputation and goodwill.

2. Brand recognition: By trademarking your brand, you establish a unique identity that can help you stand out from your competitors. This can help you build brand recognition and loyalty among customers, which can ultimately lead to increased sales and revenue.

3. Legal benefits: Trademarks provide legal benefits that can help you protect your business in court. If someone infringes on your trademark, you can take legal action to stop them from using your brand name or logo and seek damages for any harm they may have caused.

4. Business value: A trademark can add value to your business by establishing a recognizable brand identity that can be licensed or sold to others. This can help you generate additional revenue streams and increase the overall value of your business.

Overall, trademarking is an important step for any business looking to establish a unique brand identity and protect their intellectual property.

Our Services and Communication with the EUIPO Office

The EUIPO (European Union Intellectual Property Office) is responsible for registering trademarks within the European Union (EU). If you want to register your trademark in the EU, you can contact us to start the process.

As part of our trademarking services, the following procedure will apply:

1. Conduct a trademark search: Before applying for a trademark, it’s important to ensure that your proposed trademark is not already registered or in use by another company. We will do this search for you as part of our services.

2. Application Submission: Once we have established that your trademark is available, you can submit your application to the EUIPO. Your application will include information about your trademark, such as the name, logo, and description of the goods or services it will be used to represent.

3. Examination process: After your application is submitted, it will go through an examination process to ensure that it meets all the necessary requirements. This process can take several months, and the EUIPO may ask for additional information or clarification about your application. As your legal representatives, we will provide all neccessary documentation and additional information if required.

4. Publication: If your trademark application is approved by the EUIPO Office, it will be published in the EUIPO’s official journal. This gives other companies an opportunity to object to your trademark if they believe it infringes on their own trademark. Should this be the case, EMA Advocates will represent your company or firm in all legal correspondence that is required at this stage.

5. Registration: If no objections are raised during the publication period, your trademark will be registered with the EUIPO. This gives you exclusive rights to use the trademark within the EU for the goods or services you specified in your application.

Overall, trademarking with the EUIPO can be a complex process, and it’s important to ensure that you have all the necessary information, legal representatives, and documentation before submitting your application.

Benefit from the SME Fund 2023

The Ideas Powered for business SME Fund is a grant scheme designed to help EU small and medium-sized enterprises (SMEs) protect their intellectual property (IP) rights. The SME Fund is a European Commission initiative implemented by the European Union Intellectual Property Office (EUIPO) and will run from 23 January 2023 to 8 December 2023.

Funds are limited and available on a first come, first served basis.

The SME Fund offers financial support to SMEs established in the European Union. The application can be submitted by an owner, an employee or an authorised external representative acting on their behalf. Grants are awarded to the SME and the reimbursement is always transferred directly to the SME bank account.

The SME Fund is a reimbursement programme which issues vouchers that can be used to partly cover the fees forTrade Marks and Designs. Applicants may benefit from a reinbursement of up to €1,000 attributed to the Registration of your Trademark with EUIPO.

Contact EMA Advocates to get started

Please use our Contact Us Section to get started. We will be in touch as soon as possibe to help you identify the best way forward.

Author: Dr. Albert FenechDr Albert Fenech specialises in company and commercial law. His other specialist areas include advisory relating to business strategy and real estate transactions. He also serves as legal counsel to the Used Vehicle Importers Association which oversees the importation of used vehicles from Japan. Dr Fenech read law at the University of Malta and was conferred a Masters in Advocacy. He also holds a Bachelor of Arts in Psychology and Philosophy.