Trademark Registration in the EU

Overview of the TM System

Trademark registration in the European Union is carried out through EUIPO (European Union Intellectual Property Office), located in Alicante, Spain. The uniqueness of this system lies in the fact that a single application allows you to obtain a single certificate valid in all 27 EU countries. This is convenient for companies planning to operate not only in one state but in the broader market.

The owner of an EU Trademark (EUTM) obtains the exclusive right to use the mark for the specified goods and services, as well as the ability to prohibit others from registering or using similar designations. At the same time, the system is designed to balance the rights of applicants and the owners of previously registered brands.

The registration procedure is transparent: after submitting the application, the mark undergoes a formal examination for compliance with the legal requirements, but EUIPO does not automatically search for conflicting marks. Owners of already registered TMs must independently monitor new applications and file oppositions if there is a risk of confusion. That is why trademark monitoring in the EU is of great importance.

How much does registration cost?

The basic fee for one trademark in one class is EUR 850. For the second class, an additional EUR 50 is charged, and for each subsequent class – EUR 150.

Residents can independently file applications with EUIPO without additional costs. Non-EU residents must hire a representative and bear the relevant costs (usually fees range between EUR 150–500 per TM).

How long does it take?

If there are no objections or disputes, the process takes about 5 months. If there are oppositions from other parties, the procedure may take several more months or even years if the case goes to court.

Duration of registration

10 years from the date of application, with the possibility of unlimited renewal for subsequent 10-year periods.

Who can apply?

Any natural or legal person, including companies registered outside the EU, can apply. If a company or individual is a non-EU resident, representation by a licensed EU trademark attorney is mandatory. There is no difference in rights or registration procedure depending on the type of applicant.

Features

1. The EU Intellectual Property Office only conducts a formal examination of the application and determines whether the application meets the requirements for protection (properly filed, fees paid, has distinctiveness, does not violate public morality, etc.), while checking for similarity with other TMs registered at the EU or national level is not performed.
   
   For this reason, the application is officially published, and other parties who believe the newly filed application infringes their rights have the opportunity to file objections/oppositions.
2. Due to the large number of applications and registrations, which leads to many TMs being similar to each other, EUIPO has developed an additional tool to increase distinctions between TMs – a harmonized list of goods and services for registration within 45 classes.
   
   Although the number of classes and their themes correspond to the standard WIPO (Nice Classification), the number of available goods and services is much greater – the EU list contains more than 88,000 entries, while the WIPO list includes only about 10,000.
   
   The EU harmonized list is used not only by EU countries but also by several other European countries (e.g., Georgia, Moldova, Norway, Albania) and countries on other continents such as Angola, Argentina, Haiti, the Philippines, Uganda, and about a dozen others.

How to check a trademark in the EU

Before applying, it is important to search the eSearch plus database on the EUIPO website. This helps ensure that a similar mark has not already been registered.

There is also another EU service – TMview. It contains data on registered and filed trademark applications not only with EUIPO but also with national offices of EU countries and some non-EU states.

It should be remembered that national registrations in EU countries may block EUTM registration, so it is necessary to check not only EUIPO’s database but also potentially conflicting TMs in EU member states.

Common mistakes

• Choosing marks that are too general or descriptive, which are rejected.
• Incorrect classification of goods and services.
• Similarity with well-known brands, which often leads to oppositions.

How disputes are resolved

In the EUIPO system, trademark disputes have a clear procedure.

Oppositions:

• The most common dispute is an opposition against TM registration, which can be filed within 3 months after the application is published.
• Oppositions are usually based on the existence of a similar or identical previously registered trademark.
• The opposition division of EUIPO conducts the review.

Invalidity procedure:

• After registration, a third party may request cancellation or invalidity if the TM infringes rights of others or was registered in violation of the rules.
• There is also a revocation procedure for non-use – if a TM is not used within 5 years.

Appeals:

• Decisions of the opposition division or another EUIPO department can be appealed to the EUIPO Board of Appeal.
• Further appeal is possible to the General Court of the EU and even to the Court of Justice of the EU (CJEU).

Opposition in EUIPO: how it works

1. Grounds for opposition

• Is identical or similar to a previously registered mark,
• May mislead consumers,
• Infringes well-known or reputed brands,
• Conflicts with other rights (e.g., geographical indications or industrial designs).

2. Time limits

• An opposition can be filed within 3 months after publication of the application in the EUIPO Bulletin.
• If the deadline is missed, the application can no longer be opposed (but invalidity proceedings are still possible).

3. Review procedure

• Cooling-off phase: after filing, the parties have 2 months (extendable up to 24 months) to negotiate and reach a settlement.
• If no agreement is reached, EUIPO proceeds to formal examination.

4. Arguments and evidence

• The opponent must provide evidence: registration certificates, examples of use, arguments about the likelihood of confusion.
• The applicant also has the right to present their evidence and arguments.
• If the TM invoked by the opponent has been registered for more than 5 years, the applicant may request proof of its genuine use.

5. Decision

• EUIPO may fully reject the application, partially limit the list of goods/services, or reject the opposition.
• If one of the parties disagrees, it has the right to appeal.

6. Costs

• The official opposition fee is EUR 320.
• The main expenses are legal services (if a lawyer is involved). For non-EU residents, hiring an EU trademark attorney is mandatory.
• If EUIPO upholds the opposition, the losing party must reimburse the winning party’s costs (fees and attorney expenses within established limits).