Trademarks in the European Union

Competent Authority & System

Official Authority: European Union Intellectual Property Office (EUIPO), based in Alicante, Spain.

Languages: The Office's five working languages are English, French, German, Italian and Spanish. Trade mark applications can be filed in 23 official languages of the European Union.

System: Regional System. One application, one filing language and one file give a single EU trade mark (EUTM) that is valid throughout the European Union, under one legal system. National trade marks, EU trade marks and international registrations work side by side.

All or Nothing: An EU trade mark is granted for the whole EU or not at all. If an application fails because of a problem in only part of the EU, it can be converted into national applications in the countries where the problem does not exist, keeping the priority date of the EU application.

International Treaties

Madrid System: The WIPO international system is another route to protection in the EU and elsewhere. See our page on regional systems for how it compares with filing directly at the EUIPO.

Applicant & Representation Requirements

Entitlement: Companies and individuals can apply. A company gives its full name and legal form, country of registration and address. An individual gives name, surname, nationality and address. An email address and telephone number are strongly recommended.

Representation for Foreign Applicants: A representative is not needed to file the application. Afterwards, an applicant with no place of business, real and effective establishment or domicile in the European Economic Area (the EU countries plus Liechtenstein, Iceland and Norway) must appoint a representative for all proceedings before the Office.

Who Can Represent: A legal practitioner entitled to represent third parties before national IP offices in an EEA country; an employee of the applicant whose domicile or establishment is in the EEA; or a professional representative with a domicile in the EEA.

Online Services & Database

E-Filing: Applications are filed online with the EUIPO. Progress can be followed in eSearch plus or in the User Area.

Free Trademark Search Database: EU trade mark applications and registrations can be searched free of charge in eSearch plus.

Goods and Services Tool: TMclass is the official tool for planning the list of goods and services before filing.

Registrable Mark Types

Types: Any sign that can tell the goods or services of one business from those of another: words, letters or numbers, with or without graphical elements; shapes; colours; sounds. The most common types are word marks and figurative marks.

Categories: Individual marks; collective marks, which only associations of manufacturers, producers, traders or service suppliers, or legal persons governed by public law, can apply for; and certification marks, which anyone who does not supply the certified goods or services can apply for. A certification mark cannot certify geographical origin.

Requirements: The mark must be distinctive and must not merely describe what is sold. The Office refuses applications that do not meet these and other requirements.

Classification Framework

Goods and Services: The applicant chooses the goods and services to be covered. The list cannot be added to or changed after the application is submitted, so it should cover what is sold today and what is planned.

Multi-class Filings: Permitted under a single application. Fees are charged per class.

Examination Process

Steps: Step 1 is the classification and formalities check. Step 2 is the absolute grounds check. Step 3 is translation and publication.

Publication: After examination the application is published in the EU Trade Marks Bulletin. The opposition period starts at publication.

Decisions: All examination decisions are published online. A full or partial refusal can be appealed.

Third-Party Observations: After publication, anyone can send observations about whether the mark can be registered and can ask the Office to re-examine the application.

Publication & Opposition

Opposition Window: 3 months from publication of the application.

Standing: Anyone who owns an earlier right and believes it conflicts with the application can oppose.

Opposition Fee: EUR 320.

Frequency: The EUIPO states that 1 in 5 EU trade mark applications is opposed.

If the Opposition Succeeds: The application can be converted into national applications in the countries where no conflict exists.

Opposition Procedure: Notice of opposition, admissibility check, a cooling-off period, the adversarial part of the proceeding, and a decision. Opposition decisions are published online and can be appealed.

Appeal

Deadline: An appeal against a refusal must be filed within 2 months of the decision.

Statement of Grounds: It can follow the appeal notice, up to 4 months after the decision.

Official Fees

Application Fee (Online): EUR 850 covers one class of goods or services.

Second Class: EUR 50.

Third and Further Classes: EUR 150 for each class.

Paper Application: EUR 1,000 for the first class; the second class is EUR 50 and each class from the third is EUR 150.

Collective and Certification Marks: EUR 1,500 each, applied for online.

When It Is Due: The basic fee must be paid within 1 month of the Office receiving the application. The Office examines the application only after the fee has been paid.

Duration & Renewal

Validity Period: 10 years.

Renewal Duration: Renewable indefinitely, 10 years at a time.

Renewal Fee (Online): EUR 850 for one class, EUR 50 for the second class and EUR 150 for each class from the third. Renewal on paper costs EUR 1,000.

Renewal Window: The renewal form and fee are due within the 6 months before the expiry date. The Office informs the owner or representative 6 months before expiry.

Grace Period: A late renewal is possible up to 6 months after expiry, with a 25% surcharge.

Limits: The sign cannot be changed at renewal. The list of goods and services can be narrowed but not widened.

Other Options: The owner can instead convert the EU trade mark into national registrations in selected countries, or let it expire.

Post-Registration Transactions

Changes: An EU trade mark can be sold, licensed, modified or renewed. Changes to registered marks are published in the EU Trade Marks Bulletin.

Registration: Publication of the registration is free of charge, and a certificate of registration can be obtained.

Showing Protection: The mark owner can use the ® symbol and show the EU trade mark number beside the mark. The ® symbol must not be used on a mark that is not registered; that can be a civil or criminal offence.

Legal Remedies & Enforcement

Role of the EUIPO: The Office registers EU trade marks and handles related proceedings, meaning opposition and cancellation. It does not deal with infringement actions. Professional advice is recommended before bringing one, and national authorities can also be consulted.

Watching: An owner has to watch for conflicting marks. Based on the search results, the owner can file an opposition against an application or ask for cancellation of a registration.

Country-Specific Risks & Practical Insights

One Conflict Can Block the Whole Application: Because an EU trade mark is all or nothing, an earlier right in a single member country can be enough to stop it. Check the whole EU before filing.

Other Territories: The EU trade mark covers the EU only. It does not cover the United Kingdom, which has its own system.

Misleading Payment Requests: The EUIPO never sends invoices or letters asking for direct payment for its services. Check carefully before paying any unsolicited invitation about renewal, publication, transfer or another procedure.

Fees Are Due on Time: The Office starts work only when the fee is paid, so pay within 1 month of filing.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.