➤ Did you receive a notice of absence of formal requirements (Article 41 EUTMR) from the European Union Intellectual Property Office? Our experienced EUIPO trademark representatives assist for low flat fees!
If you’ve received a notice of absence of formal requirements from the EUIPO according to Article 41 EUTMR our experienced EUIPO trademark representatives (European Patent, Trademark and Design Attorney as well as German Certified Intellectual Property Lawyer) can assist you for low flat fees to quickly overcome the EUIPO complaint.
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If on examination of your self-filed EU trademark application, the deficiency has been noted that no representative has been appointed, the EUIPO issues a notice of absence of formal requirements according to Article 41 EUTMR, which includes the following important information from the EUIPO examiner:
On the one hand natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the European Economic Area (EEA) are allowed to file an European Union trademark application (according to Article 119(2) EUTMR). However, on the other hand they must 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.
Therefore, once you have submitted your EU trade mark application, a valid European Union trademark representative from within the European Economic Area like our Patent and Trademark Law Firm must be appointed before the EUIPO.
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Article 120(1) EUTMR sets out who may act as a professional representative before the EUIPO (European Uniont Intellectual Property Office):
According to this article representation of natural or legal persons before the Office (EUIPO) may only be undertaken by:
- a legal practitioner qualified in one of the Member States of the European Economic Area and having his place of business within the European Economic Area, to the extent that he is entitled, within the said Member State, to act as a representative in trade mark matters;
- professional representatives whose names appear on the list maintained for this purpose by the Office.
Our experienced German Patent and IP Law Firm and its qualified Patent and Trademark Attorneys (European Patent, Trademark and Design Attorney as well as German Certified IP Lawyer) fulfill these requirements and are representing many companies from around the world in trademark matters since many years. Of course we are also listed in the official list of representatives of the European Union Intellectual Property Office (EUIPO).
We are looking forward to also assist you to remedy the received notice of absence of formal requirements and to act as your professional representative at the EUIPO for your EU trademark application.
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The deadline to remedy the deficiency according to the notice of absence of formal requirements is strict and the provisional refusal must be remedied within two months of notification of this communication. If a deficiency like this is not remedied the EU trademark application will be refused. Therefore, it is necessary to act quickly within the two-month-deadline, so that your European Union trademark application can proceed and your paid official fees for the trademark application were not paid for nothing.
If your EU trademark application was being processed as “Fast Track” it will no longer be processed as such due to the deficiency (à notice of absence of formal requirements (Article 41 EUTMR)) raised against your European Union trademark filing. However, this shouldn’t be a big problem as in such a case the usual timeliness standards will apply to your application and if we take over the representation of your trademark the examination normally proceeds soon after.
Feel free to contact our experienced German Patent and Intellectual Property Law Firm with European Patent, Trademark and Design Attorney as well as German Certified IP Lawyer to find out how we can help you with your EU trademark application.
► Feel free to contact us by email or phone to find out how we can help you!