Securing exclusive rights to a brand throughout all twenty‑seven members of the European Union is possible through a single registration with the European Union Intellectual Property Office in Alicante, Spain. A European Union trademark grants its proprietor protection across the internal market, but the process can appear daunting to first‑time applicants.
Who Can Apply for a Trademark in EUIPO
One of the first points to understand is that the door to EU trademark protection is open to individuals and businesses from virtually anywhere. The EUIPO’s application guidance explains that any natural person or legal entity can file an application, regardless of nationality. This means that sole traders, start‑ups, multinationals, and even public bodies may all seek protection for their signs. There are, however, nuances. Applicants who do not have a domicile, principal place of business, or a real and effective industrial or commercial establishment within the European Economic Area (EEA) may file an application, but cannot manage the proceedings themselves; they must appoint a professional representative based in the EEA.
The EUIPO maintains a list of qualified representatives. But if you fail to appoint one of them when it’s required, it leads to a deficiency letter that can delay or derail the process. The rules also differentiate between types of marks: while individual marks are open to anyone, collective and certification marks are reserved for associations of manufacturers, producers, traders, or service providers and for legal persons governed by public law, reflecting their special function. Even applicants inside the EEA may choose to appoint a representative to navigate classification, language, and procedural questions, though they are not obliged to do so.
What Documents Are Required
An application for a European trademark is legally complete only when certain core elements are present, including the necessary documents for the trademark EUIPO. The Regulations enumerate four particulars that must accompany every filing:
- a request for the registration of an EU trademark – the request must clearly indicate that registration is sought in the EU and is not a mere inquiry,
- information identifying the applicant – identification must provide the applicant’s name, address, and country of domicile or establishment so that the office knows who is claiming the rights,
- a list of the goods or services in respect of which the registration is requested – the goods and services need to be grouped according to the Nice Classification and described with sufficient clarity and precision; vague or overly broad terms may be rejected or invite third‑party opposition
- a representation of the mark – the mark must be represented in a manner that satisfies the EUIPO’s technical requirements so that the sign is clear and precise on the register.
Missing any of these four particulars deprives the application of a filing date, and the EUIPO will issue a deficiency letter requiring the applicant to cure the omission.
Beyond the core elements, additional documents may be necessary depending on the applicant’s circumstances for how to register a trademark in the European Union. Those claiming priority from an earlier national or international filing must file a certified copy of the priority document within three months of the EU application; if the document is in another language, the EUIPO may request a translation. Similarly, when invoking the seniority of an identical earlier national mark, supporting evidence should be filed within three months to preserve the earlier filing date. The regulation does not require a power of attorney at the time of filing, but when a representative is appointed, the appointment must be properly recorded. Applicants are thus encouraged to collect their priority and seniority documents early and to anticipate translation needs so that deadlines are met.
Accepted Trademark Formats (Logos, Words, Slogans)
Under EU IP law, a trademark may consist of any sign capable of distinguishing goods or services and being represented on the register.
- Word marks, which are formed solely of letters, numbers, or typographical characters, do not require a file to be uploaded; the text is simply entered in the application.
The EUIPO accepts JPEG files for many marks, such as figurative marks, color marks, pattern marks, position marks, and some 3D or shape marks.
- Figurative marks must be submitted as digital images.
- Shape marks can also be filed using 3D formats like OBJ, STL, or X3D in addition to JPEG.
- Color marks must be uploaded as JPEGs and accompanied by a clear description.
Audio‑visual signs have their own rules.
- Sound marks may be filed either as an MP3 file capturing the sound itself or as a JPEG image showing the musical notation, but the MP3 must not exceed 2 MB.
- Motion marks can be shown either as an MP4 video or as a sequence of JPEG images.
- Multimedia marks must be provided as MP4 files not exceeding 20 MB.
- Hologram marks can be filed as either JPEG images or MP4 videos within a 20 MB limit.
By adhering to these formats, applicants ensure their sign is reproduced accurately and avoid technical objections to fulfill trademark eligibility EU.
Language and Translation Rules
Another distinctive feature of the EU trademark system is the use of two languages. The EUIPO operates in the five office languages — English, French, German, Italian, and Spanish – but an application may initially be filed in any of the twenty‑three official languages of the European Union. The first language chosen is used for the filing itself and for correspondence until an opposition or cancellation action is brought by a third party. At the time of filing, the applicant must also designate a second language selected from the five office languages; this second language will be used for adversarial proceedings and cannot be identical to the first language.
When the application or supporting documents are submitted in one of the non‑office languages, the applicant must be prepared to provide translations upon request. Priority documents or other annexes not in the first or second language may need to be translated for the EUIPO, as noted in the guidance on priority claims.
Formal Requirements (Filing Format, Signatures)
The EUIPO accepts filings either online through its User Area, by post, or by special courier, but email submissions are not permitted. Online filing is strongly encouraged because it guides applicants through the process and costs less than paper filing. Regardless of the method, the application fee covering one class of goods or services must be paid within one month after filing; failure to pay within this window means the application will be deemed not filed. Additional class fees apply if the applicant seeks protection beyond the first class.
Formalities also govern how documents are signed and annexed. When filing by post or courier, every document must bear an original signature. If the EUIPO receives an unsigned paper document, it will invite the applicant to sign within a set period, and failure to comply renders the document inadmissible. Electronic submissions through the User Area rely on the applicant’s identification; the sender’s name in the system is deemed equivalent to a signature. Evidence and supporting documents should be submitted as numbered annexes with a corresponding index describing each item. While annexes submitted electronically do not require duplicates, physical items or paper annexes larger than A3 must be filed in duplicate.
Common Mistakes to Avoid
- Misclassifying or unduly narrowing the list of goods and services is also problematic. Traders often list only the immediate product (for example, “shoes”) and omit related categories such as clothing, accessories, or retail services, leaving gaps in protection and hindering future expansion
- Applicants may also neglect to select a second language, although this is mandatory and can cause the EUIPO to raise an objection
- Technical mistakes – such as submitting images in the wrong file format, exceeding file size limits, or failing to sign paper documents –result in deficiency letters and wasted time
Conclusion
Registering a trade mark with the EUIPO is a powerful way to protect a brand across the entire European Union, but it requires attention to legal and technical details.
