Navigating the world of trademarks can be complex, especially when it comes to the European Union Trade Mark (EUTM).
This system offers a unique opportunity: it allows businesses to protect their brand across all EU member states with a single application.

But what does the process involve? How does it differ from national trademarks?
This article provides a comprehensive guide to the EUTM, covering the application process, benefits, and legal considerations.

Whether you’re a business owner, a legal professional, or just curious, keep reading. Let’s explore the world of the European Union Trade Mark.

Table of Contents:

  1. What is the European Union Trade Mark (EUTM)?
  2. Benefits of Registering a European Union Trade Mark (EUTM)
  3. How to Apply for an EUTM
  4. EUTM vs. National Trademarks vs. Madrid System
  5. After Registration: Rights & Responsibilities
  6. The Impact of Brexit on EUTM
  7. Common Mistakes & How to Avoid Them
  8. Conclusion: Why a Strategic Approach Matters
  9. FAQ: European Union Trade Mark (EUTM)

What is the European Union Trade Mark (EUTM)?

The European Union Trade Mark (EUTM) is a crucial asset for businesses. It is a unified trademark system that grants protection across all EU member states with just one application.

Managed by the European Union Intellectual Property Office (EUIPO), the EUTM offers a cost-effective and streamlined registration process. This is particularly beneficial for businesses looking to expand their market reach across Europe.

A key feature of the EUTM is its uniformity:

  • One trademark = protection in all EU countries
  • The same rights and legal standing apply in every member state

Who can register an EUTM?

To qualify, a trademark must be distinctive—it must clearly distinguish goods or services from those of competitors.

  • Generic or purely descriptive names cannot be registered
  • The trademark can be a word, logo, shape, color, sound, or even a combination of these elements

In short, the EUTM is a powerful tool for businesses seeking to protect their brand across the European Union.

Benefits of Registering a European Union Trade Mark (EUTM)

Registering an EUTM comes with significant advantages, especially for businesses operating across multiple EU countries.

Key benefits:

  • Single registration = protection in all EU member states
  • Cost-effective: One application is cheaper than multiple national filings
  • Simplified administration: Manage your trademark centrally via EUIPO
  • Stronger brand protection: Enforce rights across all EU countries
  • 10-year protection, renewable indefinitely

Industry-specific advantages:

  • Fashion & luxury goods: Protects against counterfeit sales across the EU
  • Tech & software: Secures brand identity in a rapidly evolving market
  • Agriculture & regional products: Helps protect geographical indications (GI) and designations of origin

By securing an EUTM, businesses strengthen their brand presence in one of the world’s largest markets.

How to Apply for an EUTM

The European Union Intellectual Property Office (EUIPO) handles all EUTM applications.

Step-by-step application process:

  1. Conduct a trademark search
    • Use TMview to check for existing trademarks and avoid conflicts
  2. Prepare your application
    • Choose your trademark type (word, logo, etc.)
    • List goods & services using the Nice Classification system
  3. File your application online via EUIPO
    • The basic fee is €850 for one class of goods/services
    • Additional fees apply for extra classes (€50 for the second, €150 for each extra class)
  4. EUIPO examination
    • EUIPO checks if your trademark meets legal requirements (e.g., distinctiveness)
  5. Publication & opposition period
    • Your trademark is published in the EU Trade Marks Bulletin
    • Third parties have three months to file oppositions
  6. Final registration
    • If no opposition is filed, or if opposition is rejected, your trademark is officially registered
    • You receive a registration certificate valid for 10 years

A well-prepared application reduces delays and increases approval chances.

EUTM vs. National Trademarks vs. Madrid System

Feature EUTM National Trademark Madrid System
Coverage All EU countries (27) One country only Multiple countries (incl. non-EU)
Cost-effectiveness One fee for the entire EU Separate fees per country Covers global markets
Enforcement Unified rights across EU Must enforce in each country separately Protection varies by country
Best for… Businesses targeting the entire EU Local businesses Companies expanding worldwide

Which one to choose?

  • If your focus is the EU market, an EUTM is the best option
  • If you only operate in one or two countries, a national trademark might be more practical
  • For international protection, consider using the Madrid System to cover multiple regions

After Registration: Rights & Responsibilities

Once your EUTM is registered, you gain exclusive rights across all EU member states.

Your rights:

  • Use the ® symbol to signal trademark protection
  • Take legal action against infringers anywhere in the EU
  • License or sell your trademark

Your responsibilities:

  • Use it or lose it: If your trademark isn’t used for five consecutive years, it can be revoked
  • Monitor for infringements: Regularly check online & offline markets for unauthorized use
  • Renew every 10 years to maintain protection

Consider using trademark monitoring services to detect infringement early.

The Impact of Brexit on EUTM

Since Brexit (January 1, 2021), EUTMs no longer cover the UK.

Key Brexit changes:

  • EUTMs remain valid in the EU (27 countries)
  • Existing EUTMs were automatically converted into UK trademarks
  • New UK trademarks must now be filed separately

If you operate in both the EU and UK, you must manage your trademarks separately.

Common Mistakes & How to Avoid Them

  1. Mistake: Not conducting a trademark search
    Solution: Use TMview to check for conflicts before applying
  2. Mistake: Choosing a generic name
    Solution: Pick a distinctive and non-descriptive brand name
  3. Mistake: Submitting an incomplete application
    Solution: Double-check that all details and classifications are correct
  4. Mistake: Not renewing on time
    Solution: Set reminders for the 10-year renewal deadline

Conclusion: Why a Strategic Approach Matters

Registering an EUTM is a valuable investment for businesses expanding across Europe.

  • It provides strong legal protection
  • It helps build a unified brand identity
  • It simplifies trademark management across 27 countries

By carefully planning your application, avoiding common pitfalls, and actively protecting your trademark, you can ensure long-term brand success in the European market.

Ready to register your EUTM? Start your application today at EUIPO.

Would you like any additional refinements or industry-specific details?

FAQ: European Union Trade Mark (EUTM)

  1. What is the EUTM, and how does it differ from national trademarks?
    The EUTM is a single trademark registration valid across all EU member states. Unlike national trademarks, it offers uniform protection in 27 countries through one application.
  1. How much does it cost to register an EUTM?
    The basic fee is €850 for one class of goods or services. Additional classes cost €50 for the second class and €150 for each subsequent class.
  1. Can I modify my EUTM after registration?
    Yes, but modifications are limited to minor changes that do not alter the trademark’s identity. Adding new goods or services requires a new application.
  1. What happens during the opposition period?
    The opposition period lasts three months after publication. Third parties can challenge the trademark based on prior rights, requiring the applicant to provide evidence to defend their case.
  1. How long does the EUTM registration process take?
    Typically, it takes 4–6 months, provided there are no oppositions or complications.
  1. What rights does the ® symbol grant?
    The ® symbol indicates that your trademark is officially registered. It serves as a deterrent to infringers and enhances your brand’s credibility.
  1. Can an EUTM be revoked?
    Yes, an EUTM can be revoked for non-use over five consecutive years or if it becomes generic or misleading.
  1. How does Brexit affect my EUTM?
    Since Brexit (January 1, 2021), EUTMs no longer cover the UK. Existing EUTMs were automatically converted into comparable UK trademarks.
  1. What should I do if my trademark application is rejected?
    You can file an appeal or amend your application to address the reasons for rejection. Consider legal counsel for complex cases.
  1. How do I enforce my EUTM rights?
    You can take legal action against infringers in any EU member state. Monitoring tools and legal support help detect and address violations effectively.

Protect your trademarks and business reputation with expert legal guidance. Contact Dreyfus Law Firm today for strategic advice on EUTM registration, enforcement, and cancellation actions before the EUIPO. Secure your brand’s future now!