One EUIPO trademark registration protects your brand across all 27 EU member states. File once, protect everywhere in the European Union.
What is an EUIPO Trademark?
The European Union Intellectual Property Office (EUIPO) administers EU trade marks (EUTMs). A single EUTM registration covers Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
EUIPO Application Process
File online at euipo.europa.eu. Application completed in 15 minutes for straightforward cases.
Required Information
Applicant details (name, address, entity type). Trademark representation (word mark, logo, or combination). Goods/services classification (Nice Classification classes 1-45). Declaration of use or intent to use. Filing fee payment.
EUIPO Fees 2024
Basic application fee: €850 (one class), €50 for second class, €150 for each additional class after that. Fast track option: Same fees but 2-month examination vs 4-5 months standard. Renewal every 10 years: €850 base fee.
EUIPO offers "Fast Track" examination for applications that meet quality standards. Use pre-approved terms from EUIPO database to qualify automatically.
Payment Methods
Credit/debit card (instant confirmation). Bank transfer (allow 3-5 business days). EUIPO deposit account (for frequent filers). Fee reduction not available for SMEs - flat rate regardless of company size.
Examination Timeline
Application receipt: Immediate confirmation. Formal examination: 2-4 weeks. Absolute grounds examination: 2-3 months. Publication: If approved after examination. Opposition period: 3 months from publication. Registration: If no opposition or opposition withdrawn/rejected.
Absolute Grounds for Rejection
Generic or descriptive terms: Cannot trademark "Software" for software products. Misleading marks: "Organic" for non-organic products rejected. Contrary to public policy: Offensive terms, national symbols without permission. Bad faith applications: Filing trademark you know belongs to someone else. Functional shapes: Shape necessary for product function can't be trademarked.
Overcoming Descriptive Rejections
Prove acquired distinctiveness through use: Submit evidence of 5+ years substantial use across multiple EU countries. Sales figures, advertising spend, market surveys showing brand recognition. Alternatively, disclaim exclusive rights to descriptive elements. Add distinctive elements to make overall mark protectable.
Opposition Proceedings
3-month window after publication for third parties to oppose. Opposition based on: Earlier EU or national trademark rights, well-known mark status, other rights (copyright, business name). Opposition fee: €320. Cooling-off period available for settlement negotiations.
23% of EUIPO applications face opposition. Most common: Similar marks in identical classes by competitors monitoring new filings.
Defending Against Opposition
Proof of use requirement: Request opponent prove they've used their mark in past 5 years. If they can't, opposition may fail. Coexistence arguments: Show marks coexist in marketplace without confusion. File observations: Argue marks are sufficiently different in appearance, sound, meaning. Settlement: Negotiate limitation of goods/services to avoid conflict.
Madrid Protocol Connection
Use EUTM as basis for international (Madrid Protocol) registration covering 130+ countries. File one WIPO application designating multiple countries. EUTM must be registered (not just applied) to use as Madrid basis. Cost effective for businesses expanding beyond EU borders.
EUTM vs National Trademarks
EUTM advantages: One application covers 27 countries. Cheaper than multiple national filings. Unitary right - enforce in all member states simultaneously. Can be licensed/assigned for entire EU as single transaction.
National Trademark Advantages
Lower initial cost if only need protection in 1-2 countries. Easier to defend - only need to prove use in that specific country. Not vulnerable to EU-wide cancellation. May be recognised as "senior right" over later EUTM. Strategy: File national marks first in key markets, add EUTM later for full coverage.
Use Requirements
Genuine use required within 5 years of registration in the EU. Use must be in course of trade (not token use). Must be in relation to registered goods/services. Use in one member state sufficient for entire EUTM.
Acceptable Evidence of Use
Sales invoices showing goods/services sold under mark. Advertising materials (print, digital, broadcast). Packaging and labelling bearing the mark. Website analytics showing EU traffic. Trade show materials and press releases. Must show place, time, extent, and nature of use.
Brexit Impact on EUTMs
UK no longer covered by EUTM after 1 January 2021. Existing EUTMs automatically cloned to UK trademark register at no cost (for marks registered pre-Brexit). New EUTM applications do not cover UK - must file separate UK application. Businesses now need both EUTM and UK TM for full European coverage.
Post-Brexit filing strategy: File EUTM (€850) + UK trademark (£170-£270) separately. Total cost still cheaper than pre-2015 national filings in each country.
Enforcement Across EU
EUTM Courts in each member state handle infringement cases. One court decision applies EU-wide - win in German EUTM Court = injunction across all 27 states. Border seizures: Register with customs to stop counterfeit imports. Online enforcement: Issue takedowns across EU marketplaces with one trademark.
Enforcement Costs
Cease and desist letter: €500-2,000 via trademark attorney. EUTM Court litigation: €20,000-€100,000 depending on country and complexity. Customs registration: €0 (free) but requires monitoring. Online platform takedowns: €0-500 per incident. Most cost-effective: Register mark properly, then send cease and desist. 70% of infringers stop without litigation.
EUTM Renewal
10-year terms from filing date. Renewal fee: €850 (one class), €50 second class, €150 each additional. Grace period: 6 months after expiry (€100 surcharge). Renewal filed online in 10 minutes. No need to re-examine or prove use at renewal (only when challenged).
Common EUIPO Mistakes
Too broad class descriptions: Use EUIPO's harmonised database terms for fast track. Filing in wrong entity name: Must match commercial entity exactly. Not monitoring for oppositions: Miss 3-month opposition period = potential costly conflict later. Failing to prove use: File every 5 years or risk cancellation for non-use. Not filing in all necessary classes: Competitors can file your brand in classes you missed.
Professional vs DIY Filing
DIY suitable if: Standard word mark, clear goods/services, no similar marks in EUIPO database. Hire attorney if: Logo with design elements, international business, similar existing marks, opposition expected. Attorney costs: €800-2,000 for filing. Saves time on rejections and increases approval odds by 35%.
Trademark Lens checks both EUIPO and UK trademark databases simultaneously - verify your brand is available across European markets before filing.