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Registration of the European Union Trademark

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Registration of the European Union trademark (former Community Trademark) is conducted via filing one application directly with the European Union Intellectual Property Office (EUIPO) and is valid in 27 European Union countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden

  • Trademark fees

Fees associated with filing a European Union trademark application with EUIPO as well as other trademark fees are available in the fee calculator.

  • The term for filing a European Union trademark application

The term for filing a European Union trademark application claiming priority is six months from the priority date.

  • Minimum filing requirements

An application for an EU trademark should be filed at the Office and include at least a request for the registration of a trademark, information identifying the applicant; a list of the goods or services in respect of which the registration is requested; a representation of the trademark.

  • Language of the European trademark application

The official languages of the EUIPO are English, French, German, Italian or Spanish. Applications for trademark registration can be filed in any of the 23 languages of the European Union, however, a second language (one of the EUIPO's official languages) must be indicated as a possible language for opposition, revocation or invalidity proceedings. If the application was filed not in one of the official languages, the translation in the chosen official language should be provided to the Office. 

  • Multiple-class applications

Multiple-class EUTM applications are possible.

  • Priority document

A certified copy of the priority document should be submitted to the Office within three months from filing the application.

  • Power of Attorney requirements

Currently, the legislation of the EUIPO does not require submitting a Power of Attorney when filing an EUTM application.

  • Opposition period

A European Union trademark application may be opposed by any interested person within three months from the publication of a European Union trademark application.

  • Grant, validity term and trademark renewal

There is no official grant fee stipulated for European Union trademarks. EU trademark is valid for ten years from the filing date and can be renewed for successive ten-year periods an indefinite number of times. The proprietor of the trademark may request the renewal of the term during a six-month period prior to expiry date of trademark protection. Registration of the trademark may be renewed within six months after expiry of the term of legal protection of the trademark. A corresponding request must be submitted together with supplementary fee.

  • Use requirement

The trademark right registered in the European Union may be revoked if it has not been used within an interrupted 5-year period following its registration.

  • Representation by a trademark attorney

A foreign applicant may be represented before the Office by any legal practitioner qualified in one of the member states of the European Economic Area which includes the EU countries, Iceland, Liechtenstein, and Norway.

  • What can be registered as a trademark in the European Union

An EU trade mark can consist of any signs, in particular words (including personal names), or designs, letters, numerals, colours, the shape of goods, or of the packaging of goods or sounds. There is no graphical representation requirements.

  • Notes

1. Online Search Database for European Union Trademarks.
2. All EU trademarks (EUTM) registered before January 1, 2021 have a comparable UK trademark created for free, retaining the same registration and application dates. Those with EU trademark applications that were pending on January 1, 2021, have until September 30, 2021 to apply for a comparable UK trademark and pay a prescribed national fee, retaining the EUTM filing date.
3. Response to the provisional refusal of international trademark registration must be filed within two months from the date of notification of provisional refusal. It is possible to apply for an extension of 2 months with the possibility of requesting a further extension of up to 6 months. Response should be filed in the language of the proceedings (the language of the provisional refusal). In order to proceed with the response, it is necessary to appoint a legal practitioner or a professional representative for holders not having their domicile or their principal place of business or a real and effective industrial or commercial establishment within the European Economic Area (EEA). A further Examiner’s decision may be appealed within 2 months after its issuance.

Brief summary is based on the information provided by MSP Europe, UAB. on 02.04.2021
Please contact us if the above information is not in conformity with EUIPO IP Laws