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.

• Multiple-class applications

Multiple-class applications are possible in the European Union.

• Filing requirements in the European Union

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.

To obtain the date of filing a trademark application in EU should contain:
- request for registration of a trademark;
- applicant’s details;
- list of the goods and/or services;
- representation of the trade mark.

If priority is claimed, a certified copy of the Priority Document should be submitted to the IP Office within 3 months from the filing date. If the language of the Priority Document is not one of the languages of the IP Office, the applicant shall, if requested by the IP Office, submit the translation thereof into the language used as the first or second language of the filed application, within a period specified by the IP Office.

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

• Examination, publication and opposition to a trademark application in the European Union

The trademark applications undergo formal examination only. In case the application fulfils all formal requirements established by the legislation, and there are no absolute grounds for refusal, the application shall be published in the EU Trademark Bulletin. Within 3 months from said publication the trademark application may be opposed by any interested person.

• Grant, validity term and trademark renewal

There is no official grant fee stipulated for European Union trademarks. EU trademark is valid for 10 years from the filing date and can be renewed for successive 10-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. An application for renewal may be filed after expiry of legal protection of the trademark within a six-month grace period upon payment of surcharge.

• Duration of registration procedure

The average processing time from filing to registration is approximately 4-6 months provided that no objections are raised by the IP Office during the examination and no oppositions are filed.

• Use requirement

Registration of the trademark in the European Union can be cancelled on the grounds of non-use upon a third party’s request if it has not been used for 5 years from registration of a trademark.

• 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.

•  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 trademark application 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 09.04.2024
Please contact us if the above information is not in conformity with EUIPO IP Laws