Introduction

Welcome to website of professional European Trademark Attorney firm DANĚK & PARTNERS, with extensive practice in all IP matters, residing in the city of Prague, geographical and cultural heart of Europe and the capital of Czech Republic.

You might already know that EU trade marks are signs used in trade to identify products and their territorial extent covers all EU member states, including those who become members in the future.

An EU trade mark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings; and being represented on the Register of European Union trade marks.

Persons who can be proprietors of EU trade marks: Any natural or legal person, including authorities established under public law, may be the proprietor of an EU trade mark.

As mentioned above, the territorial protection is limited exclusively to EU member states. Therefore, our particular attention is now focused on UK leaving EU, which has strong impact on UK based entities and companies who use services of UK trademark attorneys.

Our company has extensive practice in the scope of entire IP law for almost 16 years and our team members are working in this area for more than 20 years. We represent clients before IP offices and Courts in trademark matters,  patents infringements, unfair competition, and our services cover it all from preparation of filing strategy, registration of IP rights until litigation, licensing, etc. Our client’s are individuals, small companies, universities, specialized research centers, well-known and successful international corporations and even EU bodies and institutions. Due to our policy and legislation, we are obliged to keep the data of our clients in secret. We do not provide publicly references on our clients, as many do, but in case of your interest they can be obtained from public registers.

How does current situation change for UK companies having their principal place of business in UK or entities represented by UK representatives?

We have detected potential risk of loss of rights and further complications for companies who have their principal place of business in UK and/or are represented by UK trademark attorneys.

In order to avoid any detrimental impacts on existing IP portfolio and smooth adaptation to this fairly new situation, we offer you this unique opportunity to keep your rights on the safe side without incurring any substantial costs or administrative burdens.

Special attention from EUIPO is drawn to the following:

  • EUIPO will invite rights holders to appoint a representative, should this become necessary as the consequence of a “hard Brexit”, only where such a need actually occurs. This will be the case where the right in question is, or becomes, subject to pending proceedings before the Office.
  • No individual notifications will, in principle, be issued by EUIPO to EUTM and RCD applicants, right holders and professional representatives outside pending proceedings before the Office.
  • Representatives who lose their capacity to act before EUIPO as the result of a “hard Brexit” will, as from the withdrawal day, be (i) automatically removed from all files in EUTM and RCD related proceedings, (ii) deleted from EUIPO’s database of representatives (and, where applicable, from the Office’s list of professional representatives), and (iii) not be able to send mail in relation to a file through the EUIPO’s “UserArea”.
  • This information applies to the so-called “hard Brexit” scenario only.

Please see our offer below and do not hesitate to ask us via email or phone, if you have any questions.

Quick links:


Taking over of the representation
of existing EU Trademark(s) and EU TM applications
 

30 EUR

Single flat fee for registration of EU based representative
for your existing EU trademark portfolio
(unlimited number of files)

What do I get by choosing this service?

In case of “Hard Brexit” scenario, all companies which are currently represented by UK attorneys will be required to seek for a new representatives. According to Art 119 EUTMR concerning mandatory representation, natural or legal persons having their domicile or principal place of business in the UK or another country outside EEA will have to be represented.

The most simple solution is to choose our professional representative. The registration of representation may cover all you EU trademarks (and EU designs), or can be directed separately to individual files only.

This formal step will save your time and money. Of course, this offer is not limited to UK companies only. If you wish us to be your professional representatives, we will be always pleased to help you with protecting your IP portfolio, irrespective of whether you are an individual or large corporation. Our internal company processes are set to suit your needs.

Safe and transparent.

No hidden costs! Any costs that might arise are always subject to your prior approval. We do not charge for reporting TM status or any office actions. It is a simple formal step and we are able to process it online with the EUIPO. Therefore, we can do it for you under this unique price. You can check the status of your files yourself by looking into EUIPO database accessible online.

How does it work and what do I need to do?

It is recommended that you fill in the Power of Attorney form, which you can download from this site. All important information are included therein. Signed copy shall be provided to the representative, preferably in original copy.

The professional representative is obliged to keep all the secrets to protect the client and shall not undertake any steps that are not formally requested by the client. EUIPO does not require POA form to be presented, but we believe that transparency is basis for any good relationship between an attorney and his client.

Once the Office (European Intellectual Property Office – EUIPO) registers the representative under corresponding EU trademark(s) (or designs), all communication from the Office goes to the professional representative, who becomes responsible and is obliged to inform the client accordingly, so you do not loose your rights.

To request the registration of the representative for your trademark(s), please fill in the form below and send us your simply signed Power of Attorney (download the form here).

 

RECOMMENDATION: We highly recommend to file official request for a file inspection under following fee:

Fee for the inspection of the files (Article 114(6) EUTMR):           € 30

 

Start here to inform us of your file(s):

Extent of representation (should all trademarks and/or designs be covered by new representation?)
CompletePartial

 

Filing of new EU TM application(s)
under competitive price


from 250 EUR


Service fee for filing single EU trademark application

Example 1

Minimum costs

The most cost efficient solution you can get

  • we assume that you are well informed about trademark filing, but you wish to be represented and secured by professional assistance;
  • we receive from you list of goods and services or you describe what is your business that shall be covered by the trademark;
  • we do not undertake similarity search, we briefly search only for identical trademarks in order to avoid evident conflict;
  • service cover only filing fees and taking over of representation; it does not cover especially fees for services needed during examination of trademark application (opposition proceedings, providing proof of distinctiveness of the trademark, etc.), but you are always informed in advance of any costs – we do not charge for work that is not ordered by client (no unwanted reports, etc.);
  • 1 hour of consultations over email or phone included free of charge;
  • additional work is based on very competitive rate 150 EUR per hour of attorney work;
  • you are fully represented by professional European Trademark Attorney;
  • you may always withdraw the representation if you wish to do so.

Service fee:
from 250 EUR

+ official fees 850 EUR for single trademark filed into 1 class
(may change depending on your specific order and number of classes)

Total fees:
from 1100 EUR

NOTE: official fees might be subject of change in time, you always receive our calculation before the work is processed.
Please check following link if you wish to calculate official fees on your own:

EUIPO website

  


Example 2

Extended Assistance

Flat fee for preparation and filing of trademark application

  • you seek for complete professional assistance and you wish to be guided to create your own TM filing strategy;
  • we create list of goods and services tailored to your needs according to your business that shall be covered by the trademark;
  • we undertake basic similarity search to avoid evident conflicts (note: full TM search must be ordered separately);
  • service cover only filing fees and taking over of representation; it does not cover especially fees for services needed during examination of trademark application (opposition proceedings, providing proof of distinctiveness of the trademark, etc.), but you are always informed in advance of any costs – we do not charge for work that is not ordered by client (no unwanted reports, etc.);
  • 2 hours of consultations over email or phone or personal meeting included free of charge;
  • additional work is based on very competitive rate 150 EUR per hour of attorney work;
  • you are fully represented by professional European Trademark Attorney;
  • you may always withdraw the representation if you wish to do so.

Service fee:
from
500 EUR

+ official fees 850 EUR for single trademark filed into 1 class
(may change depending on your specific order and number of classes)

Total fees:
from 1350 EUR

NOTE: official fees might be subject of change in time, you always receive our calculation before the work is processed.
Please check following link if you wish to calculate official fees on your own:

EUIPO website

 

IMPORTANT NOTICE: Given substantial official fees involved, we send our clients pro-forma invoice to cover the filing fees in advance. It is important that the client checks all information provided prior to filing of the order. If the fees are not paid by the client within specified period via bank, we shall assume that the client has changed his mind and does not wish to proceed with filing of the trademark application.

 

Place your demand to file new EU TM here:

Type of service:
Minimum costsExtended assistance

Type of trademark
(for other types than those listed below, please contact the representative directly):
wordfigurative with verbal elementfigurative

-Enter EUIPO Trademark Register here-


Frequently asked BREXIT questions:

Capacity to act and representation before the EU Intellectual Property Office

Can persons established in the UK (or their employees) file an application for an EU trade mark?

For the sole act of filing an application for registration of an EU trade mark no representation is needed (Art. 119(2) in fine EU Trade Mark Regulation). Persons established in the UK or their employees can thus file an application for an EU trade mark.

Do persons established in the UK need to be represented before the EU Intellectual Property Office?

Except for the act of filing an application for registration of a EU trade mark, persons without a domicile, a principal place of business, or an effective establishment in the EU need to be represented in the proceedings before the EU Intellectual Property Office (Art. 119(2) EU Trade Mark Regulation).

Can persons established in the UK be represented by an employee?

Except for the act of filing an application for registration of a EU Trade Mark, persons without a domicile, a principal place of business, or an effective establishment in the EU cannot be represented by an employee (Art. 119(3), (2) EU Trade Mark Regulation).

Can UK nationals qualified as lawyers represent a party to the proceedings before the EU Intellectual Property Office?

A UK national who (i) is a legal practitioner qualified in one of the Member States of the European Economic Area (EEA) and (ii) is established in the EEA, and (iii) is entitled to act as representative in trade mark matters in that EEA Member State, can represent a party to the proceedings before the EU Intellectual Property Office (Art. 120(1)(a) EU Trade Mark Regulation). Where these three cumulative conditions are not fulfilled, a UK national qualifying as a lawyer cannot represent a party to proceedings before the EU Intellectual Property Office.

Can UK nationals (other than lawyers) represent a party to the proceedings before the EU Intellectual Property Office as ‘professional representatives’?

Nationality of an EEA Member State is a necessary condition for representing parties before the EU Intellectual Property Office as professional representative (Art. 120(1)(b), (2)(a) EU Trade Mark Regulation). In consequence, UK nationals lose the capacity to represent parties before the EU Intellectual Property Office as from withdrawal date. An exception applies to UK nationals fulfilling the following three cumulative criteria: (i) be established in the EEA, (ii) be qualified as a legal practitioner in one of the EEA-Member States, (iii) be entitled to act as representative in trade mark matters in that EEA-Member State (Art. 120(1)(a) EU Trade Mark Regulation).

Source: follow here