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Is it possible to convert an EU trademark into a member trademark?

Written by Jan Buza

Co-founder of Trama

Yes. An EU trademark application or registration can be converted into national trademark applications in individual EU member states. The conversion preserves the original EUIPO filing date for each national application that results from it.

The process is not common, but it happens when EUIPO marks face a refusal based on a conflicting national mark in one or more member states. Rather than losing protection everywhere, the applicants then reapply in countries without a conflict. The conversion request must be filed with the EUIPO within a set timeframe after the relevant event (refusal, invalidity, or surrender).

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