Registering a Trademark in the European Union (EUTM): What International Businesses Need to Know
If you plan to sell products or services in Europe, protecting your brand is essential. Each of the 27 EU member states has its own trademark system, but the European Union Trade Mark (EUTM) offers a single, streamlined route to secure protection across the entire EU.
In this guide, we explain how to register a trademark in the European Union, including EU trademark application requirements, EUTM registration costs, and the complete European trademark registration process, the benefits and risks of an EUTM, and when a national filing might make more sense.
What Is an EUTM?
An EUTM (formerly the Community Trade Mark) is a unitary trademark right that gives you exclusive protection across all EU member states through one trademark application. It's managed by the European Union Intellectual Property Office (EUIPO) in Alicante, Spain (which is one of the reasons why our law firm has so many Spain lawyers!). This European trademark registration process is ideal for businesses seeking EU-wide brand protection without multiple national filings.
Why Choose an EUTM for Your EU Trademark Registration?
- One registration for all 27 EU countries.
- Cost-effective compared to multiple national filings.
- Centralized management and renewal every 10 years.
- Automatic coverage for new member states if they join the EU in the future.
Important: The United Kingdom is no longer part of the EU. An EUTM does not protect your trademark in the UK. You must file separately—see our guide on Registering Trademarks in the UK: What You Need to Know.
How to Register a Trademark in the EU: Step-by-Step Process
1. Pre-filing trademark search
Before you apply, search the EUIPO's TMview database for identical or confusingly similar trademarks in your goods or services category. While the EUIPO will examine your application on absolute grounds (for example, whether it is distinctive and not descriptive or generic), it does not automatically check for relative grounds—conflicts with existing trademarks. Third parties must file an opposition, so a thorough pre-filing search is the most critical step to identify and avoid potential conflicts before you file.
2. File your EUTM application
File online through the EUIPO portal. Choose one of the 23 official EU languages as your application language and a second language (English, French, German, Italian, or Spanish) for opposition proceedings. For non-EU applicants, English is often the most practical choice.
3. Choose the right trademark classes
The EUIPO uses the Nice Classification system, which groups goods and services into 45 categories. Using the Harmonised Database of pre-approved terms can reduce objections and speed up processing.
4. Use the Fast Track option
If you select only pre-approved terms and pay fees upfront, you can qualify for Fast Track processing for quicker publication. Fast Track improves speed but does not bypass examination or oppositions.
5. Formality check
The EUIPO ensures your application meets all formal requirements. If details are missing, you typically have two months to correct them. Examination only starts once the fee is paid.
6. Examination on absolute grounds
The EUIPO examines whether your mark is distinctive and not descriptive or generic. If the mark fails on absolute grounds, the application will be refused unless successfully overcome.
6. Publication and opposition period
If accepted, your mark is published in the EU Trade Marks Bulletin. There is a three-month window for third parties to oppose on relative grounds. An initial two-month cooling-off period then applies (extendable by joint request), allowing the parties to negotiate. Once deadlines start running, missing a reply deadline can result in loss by default.
7. Registration
If no opposition succeeds, your EUTM is registered for 10 years. There is a six-month grace period for late renewal with a fee.
EU Trademark Registration Costs and Timeline
- Official EUIPO fees: €850 for one class, €50 for the second, €150 for each additional class.
- Timeline: 4-6 months for straightforward applications, 12-18 months if opposed, potentially longer for complex cases.
Key Considerations for an EU-Wide Trademark
The unitary effect
If protection is refused on absolute grounds or blocked by a successful opposition based on earlier rights, EU-wide protection is refused. You can convert the EUTM into national filings (keeping the original filing date), but conversion adds cost and complexity.
The “use it or lose it” rule
You must genuinely use your EUTM in the EU within five years to keep it. “Genuine use” means actual commercial use in the ordinary course of trade—not token use to avoid cancellation. This includes selling goods, advertising services, or using the mark on packaging or websites directed at EU consumers. Use in a single member state can satisfy the requirement for the entire EUTM depending on the facts, and if challenged you must prove use with sales figures, marketing materials, or other commercial evidence.
Priority claims
If you filed in another country within the last six months, you may claim that earlier filing date in your EUTM application.
Madrid Protocol filing
You can designate the EU in a Madrid System (WIPO) international application for broader, modular international protection.
Licensing and assignment
An EUTM can be licensed or assigned, but it remains a single right; it is not split geographically within the EU.
Online enforcement advantage
A single EUTM makes brand enforcement across EU e-commerce platforms and marketplaces more efficient.
When to Consider National Trademark Applications Instead
- Your operations will be limited to a single EU country.
- You anticipate a conflict in a particular country and want to avoid the all-or-nothing risk of an EUTM.
Common EU Trademark Pitfalls to Avoid
Descriptive terms in any EU language
A mark that is descriptive in German, French, Spanish, or any other EU language can be refused EU-wide, even if it seems distinctive in English. For example, “Fresh” for food products will almost certainly fail.
Inadequate goods/services descriptions
Vague terms like “computer services” often trigger objections. Use specific, pre-approved terms from the Harmonised Database whenever possible.
Filing too early without market research
A mark that resonates in Northern Europe might have negative connotations in Mediterranean markets. Validate cultural and linguistic fit before filing.
Ignoring design mark formatting
Logo applications must meet strict technical requirements (file format, dimensions, clarity). Low-quality images can lead to automatic defects or refusal.
Underestimating opposition deadlines
Expect a cooling-off period first, but once the adversarial phase starts you generally have two months to respond. Miss it and you likely lose by default.
Pro Tips for a Strong EU Trademark Application
- Use Fast Track filing where eligible for quicker publication.
- Claim earlier filing priority when possible.
- Consider EU trademark search services before filing to reduce opposition risk.
- Understand European Union intellectual property laws in your target markets.
- Plan your EU brand registration strategy alongside your expansion timeline.
- Monitor and enforce your mark proactively—especially online.
- Plan ahead for UK protection; an EUTM does not cover the United Kingdom.
Frequently Asked Questions (FAQ)
- What's the difference between an EUTM and a
national trademark?
An EUTM protects your brand in all 27 EU countries with one application. A national trademark protects you only in that single country. - How long does an EU trademark last?
Ten years from filing, renewable indefinitely for further ten-year terms. A six-month grace period exists for late renewal. - How much does an EUTM cost?
€850 for one class, €50 for the second, €150 per additional class. Attorney fees and potential opposition costs are separate. - Does an EU trademark cover the UK?
No. You must file separately for UK protection; see our UK trademark guide. - What is the Nice Classification system?
A global trademark classification with 45 classes—goods (1–34) and services (35–45). - Can I file a European Union trademark application
without a lawyer?
Yes, but using a trademark attorney is strongly recommended for clearance, drafting, and handling objections or oppositions. - Can I enforce my EUTM online?
Yes. The EUTM's EU-wide scope is effective for marketplace and social media takedowns across multiple EU markets. - Can I get an EUTM through the Madrid
Protocol?
Yes. Designate the EU in your WIPO application to integrate the EUTM into a broader international filing strategy. - What happens if someone opposes my EUTM
application?
You will enter a cooling-off period (initially two months) to negotiate. If unsuccessful, formal opposition proceedings begin with strict deadlines for evidence and arguments. - What constitutes “genuine use” in the
EU?
Commercial use in the ordinary course of trade—selling goods, advertising services, or using the mark on EU-directed websites. Token use just to maintain rights does not qualify. - How do I monitor for trademark infringement across 27
countries?
Use professional watching services, set up Google Alerts, and monitor major EU marketplaces. The EUIPO also offers basic opposition alerts.
Registering A Trademark In The European Union: What You Need To Know
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
