If you are located outside the European Union and filed your EU trademark without an EU trademark representative, a complaint from the EUIPO is very likely to happen. Our experienced German Patent and Trademark Law Firm with European Patent, Trademark and Design Attorney as well as German Certified IP Lawyer has a huge experience in different European Union trademark matters and is looking forward to also assist you in such a case for a low flat fee to act as your EU trademark representative.
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In the following you can find important questions and answers in regard to self-filed EU trademark applications and an EUIPO notice of deficiency according to Article 41 / 119 (2) EUTMR:
Can I file a European Union Trademark myself and without a Trademark Lawyer?
It is generally possible to file a European Union Trademark yourself and without a European Trademark Lawyer. However, it is strongly recommended to inform you in advance or contact an IP professional to avoid potential costly mistakes and obstacles.
Do I need a EUIPO representative to file a European Union Trademark?
You basically do not need a EUIPO representative to file a European Union Trademark and you can file the EU trademark yourself. However, you should know what you do to avoid costly mistakes and you might need a professional EU representative like us if the applicant is not from the European Union.
Is it possible to file a EU trademark if I am located outside the European Union?
Yes, one can file a EU trademark even if he is located outside the European Union. However, it is necessary to be represented before the European Union Intellectual Property Office (EUIPO) in all further proceedings other than filing an application for a European Union trade mark. This means, that the examination of a European Union trademark application from a non-EU applicant will only proceed if there is a valid EUIPO trademark representative.
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Why did I get a EUIPO notice of deficiency according to Article 41 / 119 (2) EUTMR?
If you have filed a EU trademark and do not have either a domicile or a principal place of business or a real and effective industrial or commercial establishment in the European Economic Area, you must be represented by a valid representative before the European Union Intellectual Property Office (EUIPO) in all further proceedings other than filing an application for a European Union trade mark.
What is a EUIPO notice of deficiency (deficiency notice) according to Article 41 / 119 (2) EUTMR?
A deficiency notice according to Article 41 / 119 (2) EUTMR is issued, if a trademark application has been filed by a trademark applicant located outside the European Union (EU), who does not fulfill the requirements (no domicile or a principal place of business or a real and effective industrial or commercial establishment in the European Economic Area).
How can I reply to a EUIPO notice of deficiency (Article 41 / 119 (2) EUTMR)?
If you are located outside the European Union (EU) and do not have either a domicile or a principal place of business or a real and effective industrial or commercial establishment in the European Economic Area, a reply to a EUIPO notice of deficiency by yourself might not help. However, such a provisional refusal is relatively easy to overcome by appointing a professional EU representative like us to take over the representation of your European Union trademark application and to remedy the deficiency.
How do I overcome a provisional refusal concerning a EUIPO notice of deficiency (Article 41 / 119 (2) EUTMR)? And how should I respond to remedy the notice of deficiency according to Article 41 / 119 (2) EUTMR?
The notice of deficiency according to Article 41 / 119 (2) EUTMR can be relatively easy overcome by entrusting a EUIPO representative like LICHTNECKER & LICHTNECKER IP Law Firm with the representation of your trademark. We can take over the representation of your EU trademark application, so that the application can proceed. If no further problems with the EUIPO or third parties occur, the trademark will be registered.
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How fast can I overcome a provisional refusal concerning a EUIPO notice of deficiency?
Once everything is clear and all requirements are fulfilled, our Patent and IP Law Firm with European Patent, Trademark and Design Attorney and German Certified Intellectual Property Lawyer can act quite fast. We’ve already had various cases where we’ve taken over the representation of a EU trademark application the same day we’ve received an inquiry from a new client.
What deadline must be observed and which deadline has to be met in a reply to a EUIPO notice of deficiency?
There is a 2 months time limit from the notification date to remedy the deficiency at the EUIPO.
What is the consequence of inaction to a EUIPO notice of deficiency?
If the deficiencies are not remedied within the set time limit, the application will be refused. The consequence of not replying is therefore a loss of rights in regard to your EU trademark application.
What happens if I don’t react to an EUIPO notice of deficiency (Article 41 / 119 (2) EUTMR)?
If you don’t react to an EUIPO notice of deficiency according to Article 41 / 119 (2) EUTMR and do not entrust a valid EUIPO representative before the EUIPO your European Union trademark application will be refused.
What happens with the paid official fees of the EUIPO if my European Union trademark application is refused?
In case your European Union trademark application is finally refused, your paid official fees oft he EUIPO will be lost.
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Our experienced German Patent and Trademark Law Firm is happy to assist you with your problems concerning your EUIPO notice of deficiency according to Article 41 / 119 (2) EUTMR. We would be happy to act as your EUIPO representative to overcome a notice of absence of formal requirements concerning your self-made EU trademark application and for further issues.
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