How to register trademark in the European Union?

How to register trademark in the European Union?

If you register trademark in the European Union (=EU) it will give the owner of the trademark exclusive rights over distinctive signs concerning it.

Protect your brand with European Union Trade Mark.

Our team can help you to register trademark in the European Union. Contact us today.

Ways for registering a trademark

It depends on whether you want to trade in one country in the EU, in the Benelux region, in the EU-wide or internationally.

  1. If you need protection for your trademark only in one country in the EU, then you should register the trademark at a national level at the respective national office.
  2. If you need protection only in the Benelux region, then you the trademark should be registered in the Benelux Office for Intellectual Property.
  3. If you want your trademark to be protected in the whole EU, then you should register your trademark within the European Union Intellectual Property Office (EUIPO). This way you will obtain an EUTM (European Union Trade Mark).
  4. There is a specific case considering Brexit (the withdrawal of the United Kingdom (UK) from the European Union) and how it will threat the process of registering a trademark in the EUIPO. As of the end of the transition period (will last until 31 December 2020), EU trade marks will, in principle, no longer be protected in the UK (including Gibraltar, the Channel Islands and the Isle of Man, and dependent UK territories).
  5. For providing an international protection the trademark should be registered within the World Intellectual Property Organisation (WIPO).

Registering a trademark in valid for the whole EU

Period of validity

The protection is valid for a period of 10 years. This period starts from the date of submitting your trademark application. In case you want to renew it, you are able to do it as many times as you wish after the period of 10 years is over. There is an option if you want to sell it or give the permission to someone else to use your own trade mark through a trade mark licensing agreement.

Steps to register a trademark in the European Union

  1. First of all, you must make sure that your trademark is one and only, in other words – unique. That happens by conducting a trademark search. Make sure someone else hasn’t already registered your mark. There are multiple search engines in the website of EUIPO, which can help you do this. The priority in registering a trademark is protected on a ‘first come, first served’ basis.
  2. If the previous step is done, then you should continue with filing your trademark application with the EUIPO.
  3. After this step everything is in the hands of the EUIPO agency to initiate an examination period. This time may vary depending on whether you go through the Fast Track procedure or not. Usually the whole process takes no more then 4-5 months, but it may vary.
  4. If everything is O.K. within the examination period, then the EUIPO comes out with a Publication in the EU Trademark Bulletin, if no oppositions have been filed.
  5. After those four steps your trademark should be finally issued.
  6. After receiving a trademark officially, you should know that you are the one responsible for monitoring and policing their use.
  7. In summary the whole process consists of a check for originality of the trademark, filing an application, examination period, opposition period, registration and publication of the registered mark.

How much do I have to pay in case I want to register trademark in the European Union?

The application fee is 850 EUR, which is the basic fee. It covers a period of 10 years and the countries in the EU. The renewal fee is also 850 EUR. 

Who is able to be a holder of an EUTM (European Union Trade Mark)?

Any natural or legal person, including authorities established under public law.

What can be registered as a EUTM?

A European Union Trademark can consist of any signs, in particular words (including personal names), or designs, letters, numerals, colors, the shape of goods, or of the packaging of goods or sounds, according to art. 4 from the Regulation (EU) 2007/1001.

Some of the main benefits of registering an EUTM are the fact that with one registration you gain access to the whole EU market, you do that at not so high costs and you get a validity for a ten-year-period.

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This article is written by Simeon Bozhinov.