Register a Trademark in Europe – EUIPO Trademark Application Process
Register a Trademark in Europe – EUIPO Trademark Application Process
Registering a Trademark in Europe – EUIPO Application Procedure
Registering a trademark in Europe protects your brand across all 27 EU Member States through a single application. At our Cyprus-based law firm, we specialize in EUIPO trademark applications and can assist you every step of the way. This article explains the full procedure, types of trademarks allowed, and what to expect from the European Union Intellectual Property Office (EUIPO).
What Is an EU Trademark?
A European Union trademark (EUTM) gives you exclusive rights in all EU countries through a single registration with the EUIPO. This includes protection for brand names, logos, slogans, and other brand identifiers.
What Types of Trademarks Can You Register?
EUIPO allows the registration of various types of trademarks:
- Word Marks – Names, letters, numbers
- Figurative Marks – Logos, graphics, stylized text
- Shape Marks – Product packaging or form
- Position Marks – How the mark is placed on the product
- Pattern Marks – Repeating elements or textures
- Colour Marks – Single or combination of colours
- Sound Marks – Audio or jingles
- Motion / Multimedia / Hologram Marks
All applications must clearly describe the mark and classify it correctly using the Nice Classification.
Benefits of Registering a Trademark in the EU
- ✅ One trademark = protection in all 27 EU countries
- ✅ Valid for 10 years – renewable indefinitely
- ✅ Prevents competitors from using similar marks
- ✅ Legal recourse against counterfeiters and infringers
- ✅ Builds brand equity and asset value
Eligibility Requirements – Can Your Trademark Be Registered?
Your trademark must be:
- Distinctive – Not generic or descriptive of the goods/services
- Non-deceptive – Cannot mislead consumers
- Clear and lawful – Cannot be contrary to public policy or morality
EUIPO will refuse trademarks that are too generic, lack distinctiveness, or conflict with earlier rights.
Examination Procedure by the EUIPO
After your EU trademark application is submitted to the EUIPO, the following steps occur:
- Filing Date Validation: The EUIPO confirms that all minimum requirements have been met. A provisional filing date is issued.
- Fee Payment: The application fee must be paid within 1 month. If unpaid, the filing is invalid.
- Language Check & Search Report: The EUIPO verifies the mark across all official EU languages and prepares an optional EU search report.
- Formalities & Classification Check: Verifies that your trademark is properly classified under the Nice Classification using the TMClass tool.
- Absolute Grounds Check: The EUIPO examines if the mark violates public order, morality, or lacks distinctiveness.
- Publication: If the application is accepted, it is published in the EU Trade Marks Bulletin in all official EU languages.
If deficiencies are found, the EUIPO will notify you and give you 2 months to respond or remedy the issues.
Opposition Period – What Happens After Publication?
After publication, third parties have 3 months to file an opposition if they believe your trademark infringes on their existing rights.
1. Opposition Based on Earlier Rights
- Filed by owners of earlier identical or similar trademarks
- Requires payment of €320 and submission of evidence
- May result in rejection of your trademark application
2. Third-Party Observations (Absolute Grounds)
- Filed for free
- Focuses on claims like lack of distinctiveness or being misleading
- The EUIPO notifies the applicant, but observers receive no further updates
Opposition Procedure Timeline:
- 📌 Filing of Opposition
- 📌 Admissibility Check
- 📌 Cooling-Off Period (up to 24 months for negotiation)
- 📌 Adversarial Stage – exchange of evidence and legal arguments
- 📌 Final Decision and Appeal Options
If opposition is successful, it’s still possible to convert the EU application into national registrations in countries where no conflict exists.
How to Appeal an EUIPO Decision
If your application is refused, or if you lose an opposition, you can file an appeal via the EUIPO’s eAppeal system. Appeals must be filed within 2 months of notification of the contested decision.
Final Registration and Certificate
If no opposition is filed, or the opposition is unsuccessful, your trademark is registered and added to the EU Trademark Register. You can download your certificate of registration electronically within 2 days. No hard copy is issued, but certified or notarized copies are available upon request.
Trademark Registration Fees
- 💶 €850 – covers one class of goods/services
- 💶 €50 – for the second class
- 💶 €150 – for each additional class
The application will only be processed after the fee is paid.
Register Your EU Trademark in 3 Easy Steps
Our law firm can assist you to register quickly and smoothly your trademark in Cyprus or the European Union under the European Union Intellectual Property EUIPO in three easy steps.
- Click here to complete our EU trademark online application form
- Complete the form including as many details as possilbe.
- Send it by email as an attachment by clicking here.
Contact us for any question by completing the form below.
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