Overview of the Trademark Process in EUIPO
At its core, the EUIPO trademark process has three phases: examination of the application, a period during which others can oppose the registration, and final registration. Before the Office will examine a file, applicants must make sure that the intended mark is available and acceptable. Once an application is submitted and the fee paid, EUIPO staff scrutinize the formal details and assess whether the sign satisfies the European trade‑mark rules.
Marks that pass this stage are translated into all EU official languages and published in the EU Trademarks Bulletin, which triggers a three‑month window for third parties to object. Only after any opposition is resolved does the Office enter the mark into its register and issue a certificate.
Step 1: Conducting a Trademark Search
It may be tempting to skip the search phase when you have devised a distinctive brand name or logo. However, the EUIPO highlights that most challenges to an application come from holders of earlier registered marks. For this reason, a diligent pre‑filing search is arguably the most important part of the journey.
TMview, the EUIPO’s freely accessible database, contains applications and registrations from EU national offices, the EUIPO itself, and many non‑EU offices. Combined with the eSearch plus tool, TMview enables users to look for identical or confusingly similar signs across multiple jurisdictions.
The services, like the Pocket IP search tool, are available for these purposes as well.
A methodical search can reduce the risk of opposition but cannot eliminate it entirely. When a potentially conflicting mark appears, applicants have several options. They may attempt to negotiate a coexistence arrangement, proceed with the application, and accept the possibility of opposition, challenge the earlier mark if there are grounds to do so, or modify their own mark to avoid conflict. Making an informed decision at this stage can save time and costs later.
Step 2: Filing the Application
How to register a trademark in the EU (EUIPO)?
Anyone, anywhere in the world, can apply for an EUTM. Applicants based outside the EU or EEA must appoint a representative from within the region to handle proceedings. The EUIPO offers several filing routes: online via the User Area, by post, or by special courier, but it does not accept applications via email. Applicants choose a first language from any of the EU’s twenty‑three official languages and a second language – English, French, German, Italian, or Spanish – to be used should opposition or cancellation proceedings arise.
An EUTM application must meet formal requirements. The EUIPO checks that it includes a registration request, correct identification of the owner, a clear representation of the mark, a precise list of goods and services, and payment of the filing fee. The basic fee for filing online is €850 and covers one class of goods or services, with additional costs for further classes.
Fees must be paid within one month after the Office receives the application; only then does the examination commence. Because the fee is generally non‑refundable, the EUIPO advises applicants to be cautious, withdrawing only before or on the day of payment if they wish to avoid paying.
Choosing the correct classification of goods and services is vital. Applicants must use the Nice Classification system, and the EUIPO’s TMclass tool offers a harmonized database to help identify appropriate terms. A misclassification can lead to objections during the formalities check. If an application lacks any mandatory element, the EUIPO issues a deficiency letter and gives the applicant two months to correct the shortcomings. The filing date may be adjusted until all requirements – including payment – are fulfilled; failure to comply results in the application being deemed never filed.
Step 3: Formal Examination
The first internal step in the EU IP office process is the formal examination. Examiners verify that the application contains all the elements mentioned above: the request itself, the applicant’s identity, a clear representation of the mark, the list of goods or services, and proof of payment. They also verify the classes chosen and ensure that the goods and services are properly described. If they find an error – such as an incorrect class or a poor‑quality image – the EUIPO will notify the applicant, who then has a chance to amend the file. Timely responses at this stage prevent delays and potential loss of rights.
Step 4: Substantive Examination
After the formalities are in order, the EUIPO investigates whether the sign meets substantive requirements. The examiner must ensure that the mark is distinctive and not merely descriptive or generic for the goods and services listed. The EU Trademark Regulation sets out absolute grounds for refusal. Marks composed solely of descriptive terms – words that indicate the kind, quality, or geographical origin of the goods – cannot be registered. A mark that cannot distinguish one company’s goods from those of another is equally unacceptable. Generic terms that have become customary in everyday language, signs contrary to public policy or morality, and deceptively misdescriptive marks that could mislead consumers are also barred. When the examiner raises an objection, the applicant may contest it by arguing that the mark has acquired distinctiveness through use or by providing other evidence.
Notably, the EUIPO does not refuse applications based on earlier conflicting rights on its own initiative; it relies on third parties to oppose.
Step 5: Publication and Opposition Period
Once the mark passes substantive examination, it moves to the translation and publication stage. The EUIPO translates the application into all official EU languages and publishes it in the EU Trademarks Bulletin. Publication has a dual purpose: it informs the public about the pending registration and opens a three‑month window in which owners of earlier rights can object to the new mark. Opponents must lodge their opposition within this period and pay the required fee. The EUIPO then checks whether the opposition is admissible.
Opposition proceedings are designed to encourage settlement. After a notice of opposition is accepted, the parties are given a cooling‑off period to negotiate. If no agreement is reached, the case enters the adversarial phase, during which both sides submit evidence and arguments. The EUIPO then decides whether the earlier rights prevail and whether the application should be refused partially or entirely. Decisions can be appealed. Even after the mark has been published, any third party may file observations pointing out potential grounds for refusal, prompting the EUIPO to reassess the application.
Step 6: Final Approval and Certificate
If no opposition succeeds, the EUIPO registers the trademark. Registration is published in the Bulletin, and the owner obtains exclusive rights from the date of publication. The EUIPO does not charge for publication; once registered, the mark is entered into the Register and the proprietor can download the certificate of registration. To signal that the mark is protected, owners are encouraged to use the ® symbol and display the EU trademark number. Using the symbol on an unregistered mark can constitute a civil or criminal offense.
An EUTM lasts for ten years and can be renewed indefinitely for additional ten‑year terms. The EUIPO reminds owners six months before the renewal deadline. Failing to renew results in the loss of exclusive rights. Owners must also monitor their mark and enforce their rights, as the EUIPO does not police infringement.
Conclusion
Securing an EU trademark is a multi‑stage process. By understanding the full journey and engaging with each of the trademark registration steps EU thoughtfully, businesses can secure robust protection for their brands across the European Union.
