The All or Nothing Principle
The EUTM is a unitary right, which means it works as one single registration for the entire EU. This principle brings both advantages and significant risks.
For businesses operating across Europe, one EUTM filing can replace dozens of separate national registrations. The system also offers administrative simplicity, with one application, one renewal, and one office to deal with.
The unitary rule also brings risk. Because the trademark covers all EU member countries as one unit, the application must comply with laws in every member state and language. A problem in just one country can lead to rejection for all.
If a mark is seen as descriptive in any of the EU’s 24 official languages, EUIPO will refuse the application across the entire region. A successful opposition, even if it relies on earlier rights in one member state, can block the registration for all countries.
The fees you pay for the application are not refunded, even if rejection occurs. Applicants can convert an EU application into national filings for countries with no conflict. But conversion often requires extra admin steps and a higher cost.
Registrable Trademark
An EU trademark must clearly show a brand, not describe the product. It should be memorable and different from common trade words, so customers can easily recognize the source of goods or services. Registrable signs include words, logos, shapes, color sets, patterns, sounds, and other eligible formats.
Problems usually appear when a mark simply describes a product or service, or when it uses terms the industry already considers generic. For example, a dartboard seller would not get approval for a mark like “Electronic Dartboard” or a picture of a common dartboard, because it directly describes the product.
Misleading claims can also lead to refusal. One case is “Swiss Leather Bags” for goods made in Korea, which confuses buyers about the origin. The same applies to marks that might offend public policy or cultural standards in any EU country.
Marks that consist only of functional shapes or a purely functional 3D form are also not allowed, because trademark law protects brand identity, not technical function.
Preliminary EU Trademark Search
Conducting a thorough preliminary search is a crucial step before filing an EUTM application, especially given the all-or-nothing EU system. It is the key moment to spot potential conflicts or oppositions early. Here’s how to do it:
Step 1. Define Your Brand and Access Databases
Start by clearly defining the brand you want to protect, including likely variations, abbreviations, and different spellings.
You can first check the EU trade mark register using
EUIPO’s eSearch plus tool. For broader coverage, use
TMview, a free database that gathers trademark filings and registrations from all EU member states and many other IP offices.
Step 2. Enter Search Parameters in TMview
When you are ready to search in TMview:
-
Enter or upload your trademark (word or logo).
-
Add the goods and services you are interested in protecting.
-
Select all EU countries so you do not miss relevant earlier rights in any jurisdiction.
TMview aggregates data from many national and regional offices, so it gives a more complete picture than checking the EUIPO database alone.
Step 3. Analyze the Results
Once your search results appear, analyze them carefully to identify trademarks that are identical or similar to yours, particularly in the same or related classes. Filter and review by class to focus on the categories that match your planned goods or services.
Test variations of your mark to uncover less obvious conflicts, and pay close attention to the status of each mark, whether registered, pending, or expired, as this information will directly influence your filing strategy and risk assessment.
Even if you do not find an identical or similar trademark, that does not guarantee that no conflicting rights exist. Unregistered marks or local rights may still cause issues, so when in doubt, it is wise to seek legal advice.
Goods and Services
Picking the right goods and services is a key part of a smart trademark plan. This stage shapes how strong, safe, and defensible a registration can be. The EU trademark system follows the international Nice Classification, which splits filings into Classes 1–34 for Goods and Classes 35–45 for Services.
A goods and services list should be clear and specific. Vague or overly broad terms may cause issues down the road. Once you file, you cannot add new items to the list. You can only remove or limit what you have already submitted.
A very long list may increase the risk that your mark starts to look descriptive in another EU language, which can lead to refusal. Filing in many classes can also raise the chance that another trademark owner files an opposition. Careful planning here can save time and reduce legal bumps later.
The
TMclass database helps you choose standard terms that all EU offices already accept. Using these pre-approved terms lowers the chance of objections and can speed up the review.
How to Get a Registered EU Trademark: Complete Steps
|
Phase |
Duration |
Cumulative Timing |
|
1. Filing / Submission |
Immediate |
Day 1 |
|
2. Formal Examination |
~1 month |
Month 1 |
|
3. Substantive Examination (Absolute Grounds) |
1–2 months |
Month 2–3 |
|
4. Publication |
Immediately upon approval |
Month 3 |
|
5. Opposition Period |
3 months |
Month 3–6 |
|
6. Registration Issued |
Immediately after the opposition period ends |
Month 6 |
The average processing time from filing to registration is typically around 4–6 months. Here’s a closer look at each stage, from preparation through to final registration.
Preparation and Cost
Any individual or company worldwide can apply for an EUTM. This includes e-commerce sellers, U.S. and U.K. businesses, manufacturers exporting to the EU, franchise groups, and joint ventures. Your application must include the following documents:
-
A request for trademark registration.
-
Applicant’s details (name and address).
-
A clear representation of the trademark (word, logo, or image).
-
A complete list of goods/services for protection.
-
Power of Attorney, if represented by a third party (usually not required at filing).
-
If claiming priority, a certified copy of the priority document must be submitted within three months.
You may file in any official EU language, but you must select a second language from EUIPO’s five working languages: English, French, German, Italian, and Spanish. The second language may be used during opposition or examination if needed.
The basic filing fee starts at €850 for the first class. An additional €50 applies for the second class, and each class from the third onward costs €150 per class.
Legal representation is highly recommended when filing an EU trademark application. Also, non-EEA applicants must be represented by an IP professional qualified within the EEA (including the EU, Iceland, Norway, and Liechtenstein) when responding to objections, oppositions, or appeals. Given the potential risks of refusal or opposition, securing professional representation is strongly advised.
Submission and Examination
Trademark applications are submitted through the EUIPO eFile portal. Using Fast Track, pre-approved TMclass terms, and paying all fees upfront can accelerate the process and lead to earlier publication. Upon submission, applicants receive an official filing date, an application number, and confirmation of any claimed priority.
The examination process has two main stages. First, a Formal Examination ensures all administrative requirements are met, including correct applicant details, accurate classification, and proper representation of the mark.
Next, the Examination on Absolute Grounds evaluates whether the mark can function as a trademark. EUIPO does not review conflicts with existing marks at this stage; relative grounds are addressed later through opposition by third parties. If issues arise, EUIPO issues an objection. Applicants typically have two months to respond.
Distinctiveness in EU Law (The 4 Levels)
A key part of absolute grounds is distinctiveness, which determines how well a mark identifies the source of goods or services. Understanding where your mark sits on the distinctiveness spectrum helps predict registrability:
-
Fanciful/Coined marks: Completely invented words with no prior meaning. Examples: “Zynga”, “Pepsi”, “Spotify”. These marks are highly distinctive and rarely face obstacles.
-
Arbitrary marks: Existing words applied to unrelated products or services. Examples: “Amazon” for e-commerce, “Jaguar” for cars, “Apple” for electronics. These enjoy strong protection.
-
Suggestive marks: Hints at qualities or characteristics without directly describing them. Examples: “Greyhound” (bus services, suggesting speed), “Coppertone” (sunscreen, suggesting skin tone), “Netflix” (online streaming, suggesting internet + flicks). Registrable but moderately protected.
-
Descriptive marks: Directly describe a product or service. Examples: “QuickPrint” for printing services, “FreshBrew” for coffee, “SoftClean” for cleaning products, “Smartphone” for portable phones. These are initially unregistrable unless secondary meaning (acquired distinctiveness) is proven.
|
Level |
Description |
Registration Difficulty |
|
1. Fanciful / Coined |
Invented words |
Easiest to register |
|
2. Arbitrary |
Real words used out of context |
Easy |
|
3. Suggestive |
Requires imagination to connect |
Moderate |
|
4. Descriptive |
Directly describes the product |
Difficult |
Publication, Opposition, and Registration
Once an EUTM application passes the examination on absolute grounds, EUIPO publishes it in the EU Trade Marks Bulletin. This publication triggers a 3-month opposition period, during which owners of earlier rights can challenge the application on relative grounds, such as conflicts with existing trademarks.
Oppositions may be filed by proprietors of earlier national or EU trademarks, owners of well-known marks, or those holding rights from protected geographical indications. The opposition fee is €320. This would normally prolong the whole application process to 12-18 months.
Most oppositions claim a likelihood of confusion under Article 8(1)(b). To succeed, the opponent must demonstrate that the marks are similar, the goods or services overlap, and consumers are likely to be confused. Typically, a 2-month cooling-off period (which can be extended) is allowed for settlement discussions.
If no opposition is filed, or if all oppositions are successfully overcome, the trademark proceeds to registration. A digital registration certificate is then issued, formally establishing the EU trademark rights.
Maintenance, Use, and Renewal
EUTMs do not have an official grant fee; protection is obtained automatically upon registration. Each registration is valid for 10 years from the filing date and can be renewed indefinitely in successive 10-year periods.
Renewal requests can be submitted during the six months before expiry, or within a 6-month grace period after expiration by paying a 25% late fee surcharge. The renewal fees follow the same structure as the initial registration: €850 for the first class, €50 for the second class, and €150 for each additional class. A reminder will be sent 9.5 years after registration.
Use requirements also apply to EUTMs. The mark must be put to “genuine use” within five years of registration, meaning actual commercial use in the ordinary course of trade. If a trademark is not used continuously for five years or more, it may be subject to cancellation for non-use at the request of a third party.
Generally, genuine use in at least one EU member state within this period is sufficient to maintain the unitary rights of the EUTM across all member states.
Seniority
Seniority is a useful mechanism for trademark owners who already hold national registrations in one or more EU countries and later obtain an EU Trademark. By claiming seniority, you can “carry over” the earlier filing dates of your national marks into the EUTM, as long as the mark, owner, and goods/services are identical.
Once seniority is recorded, you may allow the national registration to lapse without losing the earlier priority date in that specific country. This makes seniority an effective tool for reducing long-term renewal costs while keeping the historical protection of older marks.
Seniority can be claimed at filing, within two months after filing, or any time after the EUTM is registered, provided the earlier national right is still valid at the time of the claim. The EUIPO will verify that all conditions are met before officially recording the seniority claim.
The main advantage of using this is portfolio consolidation. Rather than maintaining multiple national registrations across Europe, brand owners can streamline their protection under a single EUTM while still retaining the earlier dates for enforcement purposes. Seniority also provides a safety net: if the EUTM is later revoked or cancelled, the owner can convert it into national applications and rely on the preserved earlier filing dates.
Best Practices for Filing a EU Trademark
Choosing Between EUTM and National Systems
Applicants must carefully choose the optimal trademark protection route by weighing the cost-efficiency of a unitary EUTM against the localized risk of national filings. The EUTM is a highly cost-effective and time-saving option compared to filing up to 27 separate national registrations. EUTM filings also simplify portfolio management, offering centralized administration for renewals and changes.
National filings, however, may be preferable if your operations are limited to one country or if a conflict is anticipated in a specific member state, as filing only nationally can avoid the all-or-nothing risk of the EUTM. National registrations are also suitable for applicants focused exclusively on a single market.
Some businesses adopt a hybrid strategy, combining an EUTM for broad coverage with selective national registrations in high-value markets to reinforce protection. If an EUTM is refused due to opposition or absolute grounds, it can be converted into separate national applications in countries without conflict while retaining the original filing date, though this can be complex and costly.
Also, applicants who already own national registrations in EU member states can claim seniority when filing an EUTM, preserving the earlier national filing date while allowing the national registration to lapse, saving on renewal fees and consolidating priority dates within the EUTM system.
Mitigating Risk Using the Madrid Protocol System
For businesses seeking international protection that includes the EU, the Madrid Protocol system provides a strategic way to reduce risk. By designating the EU through Madrid, applicants can “embed” the EUTM in an international application.
If the EU designation is refused, such as when the mark is considered descriptive in a specific EU language, it can be converted into national applications in EU countries where no conflict exists, often more cheaply and efficiently than converting a direct EUTM filing.
The Madrid system also allows each designated country to examine the mark independently, so refusal or opposition in one jurisdiction does not affect protection elsewhere. This approach is particularly cost-effective for non-EU businesses seeking multi-jurisdiction protection in regions like the U.S.,
Japan,
China, and the EU.
However, filing through Madrid requires a base national application or registration as the foundation of the international filing, a requirement not necessary for direct EUTM applications.
|
Aspect |
EU Trademark (EUTM) |
International Trademark (Madrid Protocol) |
|
Refusal Principle |
All-or-nothing refusal applies to the entire EU. |
Each country is examined separately; refusal in one does not affect others. |
|
Basis Requirement |
No prior national mark needed. |
Needs a base application/registration for the first 5 years. |
|
Risk Management |
High refusal risk due to EU-wide scope. |
More flexible: can pick countries one by one. |
|
Territorial Reach |
Covers only the EU. |
Can expand protection worldwide in a modular way. |
In essence, choosing between a direct EUTM, national filings, or a Madrid designation is like selecting insurance coverage. A direct EUTM acts as a comprehensive policy for the entire EU, offering high rewards but carrying the risk of total loss. National filings are akin to individual local policies, offering lower risk but requiring more administrative effort. The Madrid Protocol, particularly with EU embedding, functions as a super-policy that combines broad coverage with a structured fallback plan, enabling efficient conversion should the EU-wide claim fail.
FAQs
Who can apply for an EUTM?
Any individual or legal entity worldwide can apply for an EU Trademark. You do not need to be based in the EU. Applicants commonly include overseas companies, e-commerce sellers, manufacturers, start-ups, and brand owners expanding into the European market.
How long does it normally take to register an EU trademark?
If no objections or oppositions arise, the typical registration timeline is 4–6 months.
If an opposition is filed, the process can extend to 12–18 additional months, making the total duration 18–24 months.
How much does it normally cost to file an EU trademark?
The official EUIPO fees start at: €850 for one class; €50 for the second class; €150 for each class beyond the second. Optional legal fees, search costs, and opposition-related expenses may apply.
Do I need a legal representative if I am not a resident of the EEA?
Yes. If you are not a resident of the EEA, you must appoint an IP professional qualified within the EEA (including the EU, Iceland, Norway, and Liechtenstein) to file an EU trademark application or to handle objections, oppositions, and appeals. Legal representation is therefore required for non-EEA applicants.
Will my existing trademark abroad help me get protection in the EU?
Yes, in two ways. You may claim priority from a foreign filing made within the last six months, giving your EU application the earlier date. Or, if your foreign mark is registered in an EU member state, you may claim seniority once you file an EUTM, preserving the earlier national filing date within the EUTM system.
What constitutes “genuine use” for trademarks in the EU?
Genuine use means real, commercial use of the trademark in the EU, such as selling goods, providing services, advertising, or marketing. Use in just one member state is usually enough, but if the mark isn’t used for five consecutive years, it may be revoked for non-use.
Your Reliable EU Trademark Attorney—WPTO
After exploring all the details of applying for an EU trademark, from classification and distinctiveness to opposition and renewal, take the next step with confidence. WPTO combines decades of IP expertise with practical guidance to help your brand secure protection across Europe efficiently and effectively. Contact us and start your worry-free EU trademark registration journey today.