Registering a European Union trademark at EUIPO

An EU trademark is not a package of independent national certificates. It is registered, transferred, renewed and generally loses effect for the entire Union. This unitary character simplifies management of a brand used across several markets.

At the same time, a relevant earlier right in one state may suffice to create an obstacle. Clearance must go beyond an identical-name search in EUIPO’s database and consider national trademarks, languages and the relevant public’s perception.

The application identifies the owner, sign and goods or services. The basic fee covers one class, with additional classes affecting cost; over-selection may increase exposure to conflicts and subsequent use obligations.

• Strategy: markets where the brand is used or realistically planned for launch.
• The sign: word, figurative or another permitted type, represented clearly and consistently.
• Classes: accepted terms sufficiently precise for the business model.
• Earlier rights: EU, national and international trademarks effective in the Union.
• Owner: the entity controlling the brand and licensing agreements.

After examination of absolute grounds and publication, a three-month period begins in which owners of earlier rights may oppose. The procedure includes a cooling-off period followed by an adversarial phase with arguments and evidence.

If the earlier mark is old enough, the applicant may request proof of genuine use. Negotiating a restricted list or agreement may help but must be assessed without compromising future operations.

The certificate does not replace genuine use, monitoring new applications or control of licences. After the grace period, non-use may expose the mark to revocation or limit reliance on it in opposition.

Expanding the product range, changing the logo, restructuring the group or admitting investors may require new applications or recording transfers. An internal register of marks and deadlines reduces the risk of losing valuable rights.