If you're expanding your business internationally, securing your brand in Europe is crucial. A European Union trademark registration offers comprehensive protection across multiple countries through a single application, making it a smart and cost-effective strategy for many businesses.
Why Register a Trademark in the European Union?
The EU represents a significant portion of the global economy, with a combined GDP that makes it one of the largest markets worldwide. Registering your trademark at the EU level grants you legal protection across all member states with one application, simplifying your intellectual property strategy and safeguarding your brand throughout Europe.
Which Countries Does an EU Trademark Cover?
An EU trade mark application provides protection in all 28 member states of the European Union. Protection automatically extends to any new EU member states. However, the coverage does not extend to countries like Switzerland, Norway, or the UK. Since Brexit, EU trademarks no longer provide protection in the UK, where separate trademark registration is necessary.
National vs. European Trademark Registration
While a European trademark registration covers all EU member countries, it is separate from national trademarks. National trademarks cannot be converted into an EU trademark; a new European trademark application must be filed. Conversely, if an EU trademark application is rejected or opposed in certain countries, it can sometimes be converted into individual national applications for countries where the opposition does not apply.
Who Can Register a Trademark in the EU?
Any individual or company can file an EU trade mark application.
- Applicants based in the European Economic Area (EEA) do not require a legal representative.
- Non-EEA applicants must appoint a trademark attorney or agent for proceedings with the EU Intellectual Property Office (EUIPO).
How Does the EUIPO Determine Priority?
The EU operates a “first-to-file” system, where trademark rights are granted to the first applicant to file a valid application, regardless of prior use. The validity of an EU trademark starts from the filing date, which incentivizes early registration, even before commercial use.
How Long Does European Trademark Registration Take?
On average, the registration process takes about 4 months if there are no oppositions or objections, making trademark registration in Europe one of the fastest worldwide. However, this timeline can vary depending on specific circumstances, such as oppositions or additional examination.
What Does the European Trademark Registration Process Look Like?
The process of registering a trademark in the EU typically includes the following steps:
- Trademark Search
Conduct a thorough search of the EU trademark register to identify any conflicting marks. This step is critical to avoid costly opposition or rejection. - Application Filing
Submit your European trademark application electronically or via paper to the EUIPO. The application must include your trademark representation, owner details, and a list of goods and services. - Examination by EUIPO
The EUIPO examines your application for formal compliance and assesses whether the trademark is distinctive and not conflicting with existing marks. - Publication for Opposition
If the examination is successful, the trademark is published in the EU Trademark Bulletin for a 3-month opposition period where third parties may contest the registration. - Registration and Certificate Issuance
If no opposition is filed or any opposition is resolved in your favor, your trademark will be registered, and you will receive a certificate. - Monitoring and Renewal
Trademark owners must monitor use and renew their trademark every 10 years to maintain protection.
What Are the Costs of Trademark Registration in Europe?
The fees for filing a European trademark application are:
- €850 for one class of goods or services
- €50 for the second class
- €150 for each additional class beyond the second
Paper applications are more expensive, starting at €1,000 for the first class.
Does the EUIPO Stop Applications if a Similar Trademark Exists?
The EUIPO does not automatically reject applications if a similar trademark is already registered. Instead, it notifies the applicant and owners of similar trademarks, who then have the opportunity to oppose the application. This opposition process emphasizes the importance of a prior trademark search.
What Is the Success Rate of Trademark Registration in Europe?
From 2019 to 2023, the average success rate for trademark applications in the EU was approximately 90.8%. Factors influencing success include the distinctiveness of the mark, correct classification of goods and services, prior searches to avoid conflicts, and legal assistance during filing.
How Long Does an EU Trademark Last? How to Renew?
An EU trademark is valid for 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal applications can be made up to 6 months before expiration, with a 6-month grace period after expiry that incurs an additional fee.
Best Ways to File a Trademark in Europe: Direct, WIPO, or Hybrid
There are three primary ways to file for trademark protection in Europe:
- Direct application with EUIPO: Best for focused EU protection with full flexibility but can be more costly if you want protection outside the EU.
- WIPO Madrid Protocol: Allows filing a single international application covering multiple countries, including the EU, based on a home-country registration. It’s cost-effective but has dependencies on the original trademark.
- Hybrid Strategies: Some services combine both WIPO and direct filings to maximize coverage, minimize costs, and handle objections efficiently.
Conclusion
Registering your trademark in the European Union is a strategic step to protect your brand across multiple countries with a single application. Whether you’re launching a new business or expanding internationally, understanding the EU trademark registration process can save you time, money, and legal headaches.
To ensure your application is handled correctly and maximize your chances of approval, it’s highly recommended to work with experienced trademark professionals. Ready to safeguard your brand in Europe? Schedule a free consultation with TrademarkFactory® today and take the first step toward securing your EU trademark.
Frequently Asked Questions (FAQ) — European Union Trademark Registration
- Why should I register a trademark in the European Union?
Registering a trademark in the EU provides legal protection across all member states with a single application, making it easier and more cost-effective to secure your brand throughout Europe. - Which countries are covered by an EU trademark?
An EU trademark covers all current European Union member states but does not extend to countries like Switzerland, Norway, or the UK (post-Brexit). - Can I convert a national trademark into an EU trademark?
No, national trademarks cannot be converted. You must file a separate European trademark application to register at the EU level. - How long does the trademark registration process in Europe take?
Typically, EU trademark registration takes about 4 months if there are no oppositions or objections. - What is the cost of registering a trademark in Europe?
The base fee for online applications is €850 for one class of goods or services, €50 for the second class, and €150 for each additional class. - Who can file an EU trademark application?
Any individual or company can apply. Applicants outside the European Economic Area must appoint a legal representative or trademark agent. - Does the EUIPO reject applications if a similar trademark exists?
No, the EUIPO notifies parties about similar marks but does not refuse applications on this basis; trademark owners can oppose conflicting applications. - How long does an EU trademark last, and how do I renew it?
An EU trademark lasts 10 years from the filing date and can be renewed indefinitely every 10 years by paying the renewal fee before expiration. - What are the main ways to file a trademark in Europe?
You can file directly through the EUIPO, via the WIPO Madrid Protocol for international coverage, or use hybrid strategies that combine both methods for optimal protection. - Is it recommended to use a trademark attorney for EU brand registration?
Yes, using a trademark attorney or agent is highly recommended, especially for non-EEA applicants, to navigate the application process efficiently and increase your chances of success.