how to determine legal attorney representation for eu ipo

by Devin Kling 6 min read

If the representative has already filed an application with EUIPO, they will have an EUIPO Representative ID number. If you know this number, you can use it when required. Otherwise, you will have to complete all the necessary representative information. A new representative can be either a legal practitioner or an employee representative.

Full Answer

Who can act on its own behalf?

What is a legal practitioner?

Can Polish legal practitioners be EUTM representatives?

About this website

WIPO - World Intellectual Property Organization

The world’s number one source for global intellectual property (patents, industrial designs, copyright, trademarks etc.) information, resources, and services.

European Union Intellectual Property Office

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Application to enter into the list of professional representatives

Avenida de Europa, 4 • 03008 • Alicante, Spain Tel. +34 965139100 • www.euipo.europa.eu 2 V.2/20 Type of request (please tick one): Entry on the list of professional representatives in trade mark matters, which

Section 5 Professional representation - Europa

Obsolete. specific ID number for any type of representative as well as the public information on the Office’s list of professional representatives or designs list.

CITMA - EUIPO rights of representation – what we know

EUIPO rights of representation – what we know. 18th Feb 2019. We have brought together all the information currently available on the future rights of representation for UK professionals before the EUIPO.

When does the EUIPO remove an individual from the list of professional representatives?

The EUIPO will remove an individual from the list of professional representatives when that individual no longer has capacity to represent (Article 93 (5) and Rule 78 CTMIR).

Who can act as a representative in EUIPO?

Employee representatives. Under Article 119 the employees of certain natural and legal persons may act as representatives before the EUIPO, both in relation to their employer’s trade marks and those of other companies within the group. This is potentially relevant to in-house practitioners.

What happens if the UK leaves the EU?

If the UK leaves the EU without a deal, it is likely that UK representatives will formally lose their rights of representation before the EUIPO on exit

How long does it take to act before a trade mark office?

This can either be by qualification or because the individual has acted before that office for at least five years (in EEA states where professional qualification is not required); and

What happens when EU Trade Marks are cloned?

When the EU Trade Marks and registered Community designs are ‘cloned’, any named representative will also be cloned and listed as the address for service on the new UK registered right.

Why do trade mark firms have contingency plans?

We are aware that many trade mark firms have made contingency plans to ensure continuity for their clients.

When will the UK IPO change of address?

The UK IPO has announced that it is extending its bulk change of address service until 30th September 2021.

Costs

Companies seeking to go public are willing to pay law firms significant sums of money. In fact, U.S. companies annually pay more than companies in any other country for legal fees as a percentage of revenue—as shown by the accompanying chart.

Compliance

Various federal laws have been enacted to regulate the capital markets. For example, the Securities Act of 1933, the Jobs Act of 2012, and the Sarbanes-Oxley Act of 2002, to name a few, aim to protect investors and the public from fraud and to instill confidence in the public’s capital. The SEC is charged with enforcing these laws.

Emerging Growth Companies

The designation of a company as an Emerging Growth Company (EGC) is intended to make going public easier for smaller businesses. The Securities Act of 1933 outlines ways in which companies can file for going public as an emerging growth company.

Regulation FD

The SEC has disclosure rules for public companies, including Regulation FD (fair disclosure). For example, when a company reveals material information to individuals or entities, the company must also make those disclosures available to the public.

Proxy Statement

In addition to filing the S-1, 10-K, and prospectus documents, the proxy statement is a document regulated by the SEC that is an annual obligation once a company is public.

In-House

Prior to an IPO, hiring the right General Counsel team is crucial to the company’s success. If the company seeking to go public operates in a heavily regulated industry, finding attorneys who have dealt with extensive regulatory challenges will prove invaluable.

Conclusion

Law firms and in-house counsel teams are crucial to navigating the complex legal world. Significant costs await those who neglect to hire the right law firm and in-house counsel to protect the company from big mistakes.

Why do companies need an IPO attorney?

Companies need to hire an IPO attorney not only because they need to protect themselves legally, but also because they need to protect their shareholders, especially from each other. It can be quite easy for a group of shareholders to violate the rights of another when the total numbers are low. IPO attorneys can help provide shareholder agreements that guard individual shareholders’ rights, thereby preventing costly conflicts.

What is the Process for an Initial Public Offering?

The best place to start is with a free consultation with an IPO attorney like the attorneys at Wilson Bradshaw LLP.

How much does Bradshaw Law Group charge to go public?

Fees vary on a multitude of factors, but the Bradshaw Law Group can help you go public on a flat fee as low as $75,000. Email [email protected] or call (917) 830-6517 for a free consultation and more details.

Who can act on its own behalf?

An applicant that has its domicile or principal place of business or a real and effective commercial establishment within the European Union may either act on its own behalf or appoint a representative. If the representative has already filed an application with EUIPO, they will have an EUIPO Representative ID number.

What is a legal practitioner?

A legal practitioner must be qualified in an EU Member State and entitled to act in that Member State as a representative in trade mark or design matters and have their place of business in the European Union.

Can Polish legal practitioners be EUTM representatives?

Under Polish law, Polish legal practitioners cannot be selected as representatives for EUTM e-filing. Employee Representative. Where the employee representative is employed directly by the applicant, it is sufficient to give their name and surname.

Rights of Representation - Deal

Rights of Representation - No Deal

Address For Service in The UK

Filing EUTMs and Rcds

Requirements to Represent

  • We are aware that many trade mark firms have made contingency plans to ensure continuity for their clients. We set out below the requirements to be a representative on the EUIPO’s register under Article 120 of the EUTM Regulation. An individual must either be qualified (legal practitioner) or “entitled to act” (professional representative) before t...
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Exemptions