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.
IMPORTANT – UPDATE 01.02.2020
In accordance with the Withdrawal Agreement concluded between the EU and the UK (read the latest news here), the UK left the EU on 1 February 2020.
However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the EUTM and RCD Regulations and their implementing instruments.
This continued application of the EUTM Regulations and the RCD Regulations during the transition period includes, in particular, all substantive and procedural provisions as well as the rules concerning representation in proceedings before the EUIPO.
In consequence, all proceedings before the Office that involve grounds of refusal pertaining to the territory of the UK, earlier rights originating from the UK, or parties/representatives domiciled in the UK will run as they did previously, until the end of the transition period.
Further information as regards the situation as from 1 January 2021 will follow in due course.
Source EUIPO: https://euipo.europa.eu/ohimportal/cs/brexit-q-and-a
Please see our offer below and do not hesitate to ask us via email or phone, if you have any questions.
- TAKING OVER OF REPRESENTATION OF EXISTING EU TRADEMARK(S) AND EU TM APPLICATIONS
- FILING OF NEW EU TM APPLICATIONS
|Taking over of the representation
of existing EU Trademark(s) and EU TM applications
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.
By choosing the representative, we shall provide you with report on current legal status of your EU trademark(s) and recommendation of furthers steps, including 1 hour of consulations over email or phone, which is helpful especially when your trademark is under examination by EUIPO or there are any adversarial proceedings initiated by third parties, such as oppositions or cancellation proceedings.
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 fair 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).
Start here to inform us of your file(s):
|Filing of new EU TM application(s)
under competitive price
The most cost efficient solution you can get
+ official fees 850 EUR for single trademark filed into 1 class
Flat fee for preparation and filing of trademark application
+ official fees 850 EUR for single trademark filed into 1 class
|Place your demand to file new EU TM here:
-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